IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH: NAGPUR CRIMINAL APPLICATION NO.658/2008 Rakesh Laxman Madgulwar ..vs.. State =================================== CORAM: S.R. DONGAONKAR, J. DATE:25.4.2008 Heard Mr. Masurke, Advocate for the applicant and Mr. Patel, A.P.P. for state. This is an application u/s 439 of Cr.P.C. for grant of bail. Accused along with other accused is being prosecuted for the offences punishable u/s 302 r/w 34 of IPC, arising out of crime no.41/2007 of P.S. Bhadrawati. Investigation papers, particularly statements of Bhagwant Jumde, Shashikale Jumde, Madhuri Jumde and Pinki Jumde, show involvement of the present applicant as they say that the applicant had given blows of fists and kicks. The main accused had assaulted the deceased by iron pipe, giving fatal injury on his head and he died as a consequence thereof. Learned counsel for the applicant contended that all the witnesses are relatives of the deceased and they are deposing false against the applicant. No doubt, it is true that these persons are the relatives of the deceased, but that fact by itself will not lead to the conclusion that they are deposing false. The fact of earlier altercation, clearly shows motive. No doubt it is the allegation against this applicant that he had given kick and fist blows, he has been implicated for the offence u/s 302 committed with the aid of section 34 of I.P.C. Hence at this stage his role can not be held to be separate. Charge sheet has been filed, trial may commence in near future, hence the application is rejected, however, with liberty to file fresh, if trial does not begin within a period of 2 months fro today. Inform Trial Court to expedite the matter. Application stands disposed of. JUDGE smp