drp {1} Cri. Application No.4949/2010 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4949 OF 2010 Arjun Babasaheb Bade APPLICANT VERSUS The State of Maharashtra RESPONDENT ....... Mr.V.D.Sapkal, Advocate for the applicant Mr.N.R.Shaikh, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 20 th December 2010 PER COURT: 1. This is the second attempt of the applicant to get himself released on bail, after his first application was rejected by this Court vide order dated 18.08.2010 passed in Criminal Application No.2627/2010. 2. Heard learned counsel for the applicant followed by the submissions of learned APP. 3. Admittedly, criminal application No.2627/2010 was filed by the applicant after filing of the charge sheet before the drp {2} Cri. Application No.4949/2010 competent court. Perusal of the complaint indicates that there are direct allegations against the applicant, who is the husband of the complainant. It is urged by the learned counsel for the applicant that co-accused has already been released by this Court. This Court, in the order dated 18.08.2010 has specifically observed that the case of the applicant and the co-accused cannot be treated at par with each other. This Court has observed that the papers of investigation do not indicate active participation of the co-accused in the alleged incident and, therefore, he was directed to be released on bail. If there is prima facie direct involvement of the applicant in the alleged incident, then the case of the applicant cannot be treated at par with the co-accused, who is released on bail. 4. Learned counsel for the applicant has urged that since 09.03.2010 the applicant is in jail and his old parents are dependent on him. In view of the fact that there is no change in circumstance, the present application cannot be considered on merits, over again. However, considering the time, the applicant is behind the bars, it is desirable to expedite the hearing of the Sessions Trial. In the premise, the application is dismissed. However, hearing of the Sessions Case No.17/2010 pending on the file of Additional Sessions Judge, Kopargaon, is hereby expedited and directed to be disposed of within a period 3 months from the date of receipt of this order. In case the trial is not disposed of within the stipulated time, the applicant would be at liberty to drp {3} Cri. Application No.4949/2010 apply afresh for bail before this Court. However, if the trial is delayed due to the tactics of the applicant, this relaxation would not be considered. Application stands disposed of accordingly. [A.V.POTDAR, J.] drp/B10/criapln4949-10