IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION NO.1783/2009 (Ramdas Gajbe..vs.. State of Maharashtra ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- CORAM : S.R.DONGAONKAR, J. DATE : 22nd JUNE, 2009 Heard Shri Kasat, advocate for the applicant and Shri Thakre APP for state. This is an application under section 439 of Cr.P.C.,for grant of bail. It is necessary to mention that despite order dated 10.6.2009 the respondent has not given the circumstances serially on which prosecution is relying, so also gist of evidence in support of its case. This should have been done by 12.6.2009, but still upto this date, this compliance is not done. However, this would not entitle applicant for being released on bail; in default. Learned counsel for the applicant has submitted that the chain of the circumstances on which the prosecution is relying is not complete and it does not point out the guilt of the appellant. Further according to him, the medical opinion sought on 5.9.2009 shows that the injuries caused to the deceased were prior to 60 hours. In order to appreciate the contention of the parties, it is necessary to peruse the statements recorded by the investigating officer during the investigation. There are two statements one of Yogesh and another is of Ganpat which shows that just prior to the incident, there was quarrel between the applicant and the deceased on account of some amount. The statement of Yogesh shows that there is possibility of intense ill will between the deceased and the applicant. This is a case where on 2.1.2009 it is alleged that the applicant and the deceased had taken liquor and thereafter in the night at about 10.00 p.m., deceased was found injured and later on he was found dead. The proximity between quarrel between the applicant and deceased, with the possible time of death of the deceased, appears to be there. Though this alone is not sufficient to come to the inference of the possible guilt of the applicant, fact remains that there is discovery of the ubhari which was having blood stains at the instance of the applicant. There is no specific explanation offered as regards the blood stains on the ubhari at this stage coming from the side of the applicant. C.A. Report is not yet received. Considering the circumstances of the case, this application cannot be granted. Same is rejected. However, liberty to applicant to move for bail, after the C.A. Report is received and circumstances so warrant; later on. Learned trial Judge is directed to expedite the trial of the applicant. In any case trial should be commenced within a period of two months and completed within further period of three months. Application stands disposed of. JUDGE SMP