1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Cri .Application No. 267/2009 in Cr. Appeal No.1/2008 Rahul @ Pintu Shalikram Waghmare Vs. State of Maharashtra Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. Daga, Adv. for the appellant. Mr. T.A. Mirza, APP for the respondent. CORAM : A.P. LAVANDE & B.P. DHARMADHIKARI,JJ. DATE : 28/1/2010. Heard Mr. Daga, learned counsel for the applicant and Mr. Mirza, learned APP for the respondent. This application is taken out by Rahul @ Pintu i. e. accused no.4 for grant of bail and suspension of sentence. The applicant alleges that in earlier order passed by this Court on 3rd July, 2008 in paragraph 3 the observation that there is no omission as regards fist blows is incorrect. In view of this specific assertion, the regular Bench dealing with the matter was required to pass orders on 8th January 2010 and the Special Bench has been constituted. We heard accordingly Mr. Daga, learned counsel for the applicant and Mr. Mirza, learned APP for the respondent. Advocate Daga has attempted to show that the said observation is not as per the records. For that purpose, he 2 has invited our attention to the evidence, which the learned APP has invited our attention to the observation to the trial Court in paragraph 10 that there was no such omission. In support of this, he also invited out attention to oral report of PW 3 Irafan. We have perused the oral report of PW 3 Irfan. Irfan (PW 3) has stated that present applicant and some other accused came running and one of them namely Kailas was having stick. Kailas hit deceased with stick, while others hit him with fist blows. The finding reached by the trial Court in paragraph 10 is, therefore, not incorrect. In any case, our observation in earlier order dated 3rd July, 2008 is not contrary to the record. In this situation, no case is made out for warranting any interference in that order and the application is misconceived and the same is rejected. JUDGE JUDGE Ambulkar.