1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 1287 /2010 (Shankar Nawalsingh Bhargade vs. State of Maharashtra) .................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... Mr. S.Z.Sonbhadre, Advocate for applicant Mr. J B Jaiswal, APP for Respondent CORAM : A.P. BHANGALE, J. DATED : 13 th September, 2010. Heard. 2. The applicant is seeking bail in connection with Crime No. 20/2010 reported at Hiwarkhed Police Station Tah. Khamgaon Dist. Buldana under section 302 IPC. It appears that earlier, the applicant had moved the learned Additional Sessions Judge, Khamgaon who had rejected the plea for bail on the ground that the evidence against the applicant is in the form of oral dying declaration made by the deceased to his wife Dhrupadabai; as also there is an eye witness by name Parmeshwar Rathod and other witnesses to form a clinching material against the applicant/accused and,thus, rejected his plea for bail. The material referred to above do indicate that on 1st March 2010 the accused had gone to the house of the complainant Dhrupadabai and then called her husband on the pretext that they will go to the field. Thereafter accused while he was assaulting the 2 deceased was seen by eye witness Parmeshwar who happened to go to the field to answer the nature’s call. He saw the accused sitting on the back of the deceased and throttling the neck of the deceased. According to learned APP, the P.M. report has corroborated this and also oral dying declaration made by the deceased to his wife Dhrupadabai. 3. Considering the prima facie involvement of the applicant in a serious offence punishable u/s 302 IPC, I am loath to take a different view of the matter than that taken by the learned Additional Sessions Judge. Application is rejected. However, the learned trial Judge shall endeavour to dispose of the Sessions Case as early as possible. JUDGE Sahare