BA-502-11.sxw 1 Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.502 OF 2011 Suresh Kondiba Paikrao ... Applicant V/s. The State of Maharashtra, Thru’ Powai Police Station, Mumbai ... Respondent Ms. Anjali Patil for the Applicant. Mrs. R.V. Newton, APP, for the Respondent. CORAM:- A.M. THIPSAY, J. DATED :- 4 TH JULY, 2011. P.C. : 1. Heard. 2. I have gone through the F.I.R. and glanced through the copy of the Charge- Sheet that is annexed to the Bail Application. From the statements recorded during investigation, it appears that the Applicant was among the assailants and has taken actual part in the assault. The deceased had suffered as many as sixteen injuries and about nine of them were on head. 3. The learned Advocate for the Applicant submitted that one of the accused in this case - Prakash Khandagale - has already been released on bail and that, therefore, the present Applicant also be released on bail. I have gone through the order passed by this Court on 1st December, 2010 (Criminal Application No.5122 BA-502-11.sxw 2 Dixit of 2010) (Coram : J.H. Bhatia, J.). I do not think that the role of the said Prakash Khandagale and the present Applicant can be said to be on par. In fact, the said order itself records that the present Applicant appeared to be the actual assailant, whereas the said Prakash Khandagale had been given only a minor role. 4. Since the attack on the deceased appears to be quite brutal, there is a prima facie case of an offence punishable under Section 302 of the IPC. Under the circumstances, I am not inclined to release the Applicant on bail. 5. The Bail Application is rejected. 6. However, on the oral prayer of the learned Advocate for the Applicant, it is directed that the trial Court shall expedite the trial and endeavour to complete it within a period of nine months from today. 7. Liberty to the Applicant to apply afresh for bail, should the trial be not over by then. [A.M. THIPSAY, J.]