1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION NO. 1544 OF 2010 (Subhash Gajanan Babhulkar and another .v. State of Maharashtra) Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Shri R.K. Tiwari, Advocate for the applicants. Shri J.B. Jaiswal, APP for the respondent/State. CORAM : PRASANNA B. VARALE, J. 21ST OCTOBER, 2010. Heard. By way of present application, the applicants are seeking regular bail in connection with Crime No. 49/2005 registered with the Police Station, Narkhed for the offence punishable under Section 395 of the Indian Penal Code. It is not in dispute that on earlier occasions, the applicants have moved the Courts below for releasing them on bail and on consideration of merit of the applications, the applications came to be rejected. While this Court on first occasion, dismissed the application for want of prosecution and on another occasion, the liberty was sought by the applicants to withdraw the application. Learned Counsel for the applicants submits that there is no material against these applicants and they are behind the bars for long period. Reply is filed by the State and it is stated in the said reply that there is prima facie material to show the involvement of the applicants in the crime. The recovery at the instance of the applicants is also there in the nature of weapons such as sickle, ornaments, key of cupboard, motor cycle etc. Learned Counsel for the applicants submits that as the trial is not yet commenced, the applicants are entitled for bail and to support his submissions, he has placed reliance on the judgment of the Apex Court in the case of Vivek Kumar .v. State of U.P. (reported in 2001 SCC (Cri) 416). 2 It was directed to learned APP to take instructions as to when trial will commence. Learned APP, on instructions, submits that the matter is fixed for tomorrow for fixing the schedule of the trial and as such, the trial will commence at the earliest. In view of the fact that there is prima facie material against the applicants and in view of the statement made by the learned APP that the triall will commence at the earliest and the schedule of the trial will be fixed tomorrow, I am of the opinion that no case is made out to allow the application. In the result, the application is rejected. JUDGE *rrg.