1 1912.ba.663.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application [BA] No. 663 of 2011 (Abdul Rashid S/o. Shaikh Hussain Vs. State of Maharashtra) Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. R.J. Mirza, Advocate for the applicant. Mr. V.A. Thakre, APP for the non-applicant/State. CORAM : M. N. GILANI, J. DATE : 19 th DECEMBER, 2011. This is an application under Section 439 of the Code of Criminal Procedure for releasing the applicant- accused on bail, against whom an offence bearing Crime No. 40/2011 is registered with Police Station Dhanaj (Bz), District Washim, for the offence punishable under Sections 147, 148, 149, 302 and 506 of the Indian Penal Code. The incident occurred on 09/07/2011. On the road, which reach to the mosque, there is a house of the applicant-accused. He had dug a drainage and because of that the sewerage water was entering the mosque. The complainant Habib Khan is the younger brother of deceased Hussain Khan. On 09/07/2011, they had gone to offer Namaj in the mosque. At about 2:30 p.m., when they were returning, they accosted the applicant to ensure that the 2 1912.ba.663.11 drainage water does not enter in the mosque. On this issue, there was altercation between them. The relations of the applicant gathered there with sticks in their hands. At that time, the applicant picked up a stone and hit on the head of deceased. Others had assaulted him with sticks. Deceased was taken to the hospital, but was declared brought dead. The postmortem examination reveals that the cause of death was due to intracranial haemorrhage because of head injury. Thus, there is evidence to show that as the deceased was hit with a stone, he died. The contention of learned counsel for the applicant that deceased had fallen on a stone, is the defence, which will have to be assessed and evaluated during trial and not at this stage. Considering the evidence available against the applicant-accused pointing out that as he had hit the deceased with a stone, the deceased suffered head injury and died, it would not be desirable to release the applicant on bail. Application is rejected. Learned counsel for the applicant prays for early disposal of the case. 3 1912.ba.663.11 It is directed that the leaned Sessions Judge shall ensure that the trial is completed as expeditiously as possible and in any event within four months from the date of receipt of this order. JUDGE *Sdw