1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1005 OF 2010 Raju @ Kalya Jalam Naik ..Applicant V/s The State of Maharashtra ..Respondent ..... Mr.V.M. Lomte, Advocate for applicant Mr.S.G. Nandedkar, APP for respondent. ..... (CORAM : SHRIHARI P. DAVARE,J.) DATE : 30th March, 2010. PER COURT : 1. Heard Mr.V.M. Lomte, learned Counsel for applicant and Mr.S.G. Nandedkar, learned A.P.P. for respondent. 2. This is an application preferred by applicant seeking bail in connection with C.R. No.127/2009 registered with Shahada Police Station for the offences punishable under Sections 302 and 504 of the Indian Penal Code, since he was arrested thereunder on 30th July, 2009 and he is in judicial custody presently. 3. It appears that the complaint was registered on 2 the report filed by complainant Bhima Mohan Suryawanshi i.e. father of victim namely Subhash on 12.07.2009 alleging that on 12.07.2009, there was quarrel which took place between his son Subhash and applicant herein on account of teasing and thereupon, applicant herein assaulted victim Subhash by fist blows and leg kicks and thereupon the victim Subhash abused him, and therefore, applicant herein lifted the victim Subhash and banged his head on concrete road and thereby the victim became unconscious and ultimately, succumbed to injuries on the same day i.e. on 12th July, 2009. 4. Although, the investigation has been completed and charge sheet has been filed reportedly on 06.10.2009, the statements of eye witnesses were recorded during the course of investigation and said eye witnesses namely (i) Budhya Bhima Suryawanshi, (ii) Pintya Nahanu Thakare and (iii) Kattu Nattu Walvi as well as Hemlata Suresh Shemale apparently involve and connect applicant to the alleged crime, and apparently, the said statements are incriminatory against applicant herein. 3 5. In the light of the matter, it is not desirable to enlarge applicant on bail, and therefore, the present application being sans merit, stands dismissed. However, liberty granted to applicant to move before the Court of Sessions to expedite the hearing of the trial. (SHRIHARI P. DAVARE) JUDGE gas/cri1005.10