BA-986-11.sxw 1 Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.986 OF 2011 Sampat Shankar Kotian ... Applicant V/s. The State of Maharashtra, Thru' Sakinaka Police Station, Mumbai ... Respondent Ms. Anjali Patil for the Applicant. Mrs. S.D. Shinde, APP, for the Respondent. CORAM:- A.M. THIPSAY, J. DATED :- 5 TH AUGUST, 2011. P.C. : 1. Heard. 2. In the F.I.R., the Applicant has been named as one of the assailants. It is stated that he assaulted the First Informant by a bat. The incident took place on 21st December, 2010. The First Informant died on 25th January, 2011 i.e. after about one month from the incident. The cause of death has been opined as "complication following stab injuries with head injury [unnatural]". Which part of the body of the First Informant the Applicant had assaulted, has not been mentioned in the F.I.R. It is not borne out from the record that the head injury was caused by the Applicant. On the contrary, it appears that the role of assaulting the First Informant on head has been attributed to one Barkya. BA-986-11.sxw 2 Dixit 3. Nevertheless, the Applicant seems to be present on the spot of the incident and, apparently, he played an active role in the incident. His case could have been treated with sympathy, but for the revelation of his past record. The Investigating Officer states that there are, as many as, twelve previous criminal cases pending against the Applicant. Even if it is believed that some of the old cases might have been over, still there appear to be a significant number of criminal cases already pending against the Applicant. 4. Under these circumstances, I am not inclined to release the Applicant on bail. It would, however, be proper, in the circumstances, to grant liberty to the Applicant to apply afresh for bail, should the trial be not over within a reasonable time. 5. The Bail Application is rejected. 6. Liberty to the Applicant to apply afresh for bail, should the trial be not over by the end of December, 2011. [A.M. THIPSAY, J.]