1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Criminal Application No. 2470 of 2009 Gajanan v. State of Maharashtra -------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. Mr Gopal Mishra, Adv for applicant Mr D.B. Patel, APP for State Coram: A.P. Bhangale, J Dated : 7th August 2009 1. By this application, applicant is seeking bail in Crime No. 77/08 registered with Police Station,Kharangana, District Wardha under Section 302 read with Section 34 of the Indian Penal and Section 3 (ii) (v) of the SC & ST Prevention of Atrocities Act. 2. The material collected during the course of investigation indicates that there are eye witnesses to the incident who have implicated the applicant. It is stated that applicant gave stick blow on the head of deceased and when eye witness went to rescue the deceased, witness was also beaten by the applicant and witness had to run away towards jungle whose statement was recorded on the following day. Weapon of offence has also been recovered at the instance of the applicant. Therefore, if ordered to be released on bail, there is likelihood of the applicant tampering with prosecution evidence looking to the prospective sentence of death or life imprisonment. Learned counsel for the applicant at this 2 stage contends that it was a result of grave and sudden provocation. This plea can be taken up in defence in the trial on merit and at this stage, that plea cannot help the applicant when he is seeking release on bail. No prima facie case is made out at this stage for grant of bail to applicant. Application is, therefore, rejected. If charge-sheet is already filed, Trial Court shall endeavour to decide the trial as early as possible provided applicant extends cooperation. Judge. hsj