[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN.NO.2291 OF 2008 J.P.@ Jaiprakash Manilal Upadhyay ..Applicant Vs. The State of Maharashtra ..Respondent ... Mr.C.K.Tripathi Advocate for Applicant Mr.K.V.Saste APP for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : AUGUST 22, 2008 DATE : AUGUST 22, 2008 DATE : AUGUST 22, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the applicant and the learned A.P.P. for the State. 2. The applicant is seeking bail in CR No.146 of 2008 of Swargate Police Station, Pune. The said case is mainly under Section 307 of IPC. 3. The prosecution case is that the applicant fired with country-made firearm on Gopal. The learned advocate for the applicant submitted that in the first statement recorded on 18.2.2008, Gopal has not implicated the applicant and Gopal has stated that four unknown persons came near him and out of them, one person fired at him. He has stated for the first time on 17.3.2008 that the applicant had fired at him. The learned advocate [-2-] for the applicant submitted that Gopal has implicated the applicant as an after thought. He has further stated that applicant has been falsely implicated. However, the learned APP has pointed out that the statement of eye witness Ajay has been recorded on 18.2.2008 and in the said statement, Ajay has clearly stated that the applicant fired with country-made firearm on Gopal. On perusal of the further statement dated 17.3.2008, it is seen that Gopal has stated that as the applicant had threatened to finish him, he was frightened and hence, he had not named the applicant in the first statement. The statement of Ajay recorded on 18.2.2008 clearly implicates the applicant. Gopal has also given reason as to why he has not implicated the applicant in his first statement recorded on 18.2.2008, hence, I see no reason to disbelieve the further statement of Gopal. 4. The injury certificate shows that Gopal sustained firearm injury on the left side of his chest. Looking to all the facts, I do not think that this is a fit case to grant bail. 5. Application is rejected. [-3-] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]