1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION NO.4491/2008 (Kishor Walmikrao Dudhakohale vs. . State of Mah.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- 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 : 15 th APRIL, 2009 Heard Shri Khare, Advocate, for the applicant and Shri Thakare, APP, for respondent. This is an application under Section 439 of Cr.P.C. for grant of bail. The applicant/accused is facing trial for the offence under Section 302 of the IPC on the allegations that on 29.6.2008 when the deceased and accused were travelling in a train, the accused/applicant kicked him. Therefore, the deceased fell from the running train and he suffered death. It is the contention of the learned counsel that the deceased was heavily drunken and he fell from the train of his own. 2 It appears that this Court had directed the prosecution to produce the report of the C.A. in respect of the blood alcoholic contain of the deceased. According to the learned counsel, that was necessary to show that the deceased might have himself fallen from the train. I have considered the submissions. It appears that there are statements of two eye witnesses namely Nehare and Sahare to the effect that there was quarrel between the deceased and accused and the accused had kicked the deceased, because of which he fell from the train. In my opinion, whether the deceased was drunken or not makes hardly any difference in such cases. In these circumstances, bail cannot be granted. However, as it is submitted that the matter is ready for trail, the liberty is granted to the applicant to move for bail if the trial does not begin within a period of three months from today. 3 Learned trial Judge is directed to expedite the matter. Application disposed of. JUDGE Rvjalit