1 CRAN 5422/2010 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.5422/2010 (Nilesh Kisan Chavan and 2 Ors. Vs. The State of Mah.) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.KM Nagarkar, Adv. for applicants; Mr.NB Patil, APP for State. *** CORAM : K.U.CHANDIWAL ,J. DATE : 11 th January, 2011. ... 1) Heard. 2) The accused, in custody for incident dated 23.09.2010 for offences under Sections 302, 395, 143, 147, 149, 323, 504, 506 r/w 34 of Indian Penal Code, seek bail. 3) Charge sheet is filed on 14.12.2010. 4) Having gone through the statements of Ajay Dhadi; Chhyabai Dhadi; and Eknath Morsing Dhadi, specific role is pointed against the present applicants/accused. Belated recording of their statements will not be available to be coined to grant bail as false or concoction. In the oral dying declaration of deceased Prakash Morsing Dhadi to his brother – Santosh, he has specifically named the accused/applicants with their role. 2 CRAN 5422/2010 Release of other accused by itself will not be a parameter to entertain the bail application as there is evidence of above witnesses, supported even by post mortem notes, demonstrating brutal assault by sharp weapons to the deceased. 5) The learned Sessions Judge has, while rejecting the bail application on 21.12.2010, taken care for direction to dispose of the trial expeditiously. 6) In the above situation, no case to entertain the bail application, same is rejected. (K.U.CHANDIWAL) JUDGE bdv/