BA-614-11.sxw 1 Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.614 OF 2011 Shrikant Suresh Sarode ... Applicant V/s. State of Maharashtra, Thru' Dattawadi Police Station, Pune ... Respondent Mr. J. Shekhar i/b. J. Shekhar & Co. for the Applicant. Mrs. G.P. Mulekar, APP, for the Respondent. CORAM:- A.M. THIPSAY, J. DATED :- 10 TH JUNE, 2011. P.C. : 1. Heard Mr. Shekar, the learned Advocate for the Applicant, and Mrs. Mulekar, the learned APP for the Respondent. 2. The Applicant is one of the accused persons in C.R. No.138 of 2009 registered at Dattawadi Police Station at Pune. The said C.R. is in respect of offences punishable under Sections 143, 147, 148, 149 of the IPC, 302 of the IPC read with Section 34 of the IPC. 3. A perusal of the Charge Sheet shows that the Applicant has been named as one of the assailants by at-least three persons whose statements were recorded during investigation. The Applicant is alleged to have used an iron BA-614-11.sxw 2 Dixit rod for assaulting the deceased. The only contention advanced by the learned Advocate for the Applicant is that the death has not been caused due to the assault by pipe. In my opinion, this is not very significant as, apparently, the Applicant and the other accused had formed an unlawful assembly and had assaulted the deceased in prosecution of the common object of the assembly. Since it appears that the Applicant had taken an active part in the assault and since there exists a prima facie case against him, I am not inclined to release the Applicant on bail. 4. At this stage, Mr. Shekhar, the learned Advocate for the Applicant, states that the trial be directed to be expedited. This seems to be reasonable. 5. The Bail Application is rejected. 6. However, the trial Court is directed to expedite the trial and endeavour to dispose it of within a period of six months from today. [A.M. THIPSAY, J.]