IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 413/2008 Satish Sanjayrao Nikhade vs. State of Maharashtra -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders. CORAM : S.R.DONGAONKAR, J DATED : 4 th APRIL, 2008. Heard Shri R.N.Khare, Advocate, for the applicant and Shri Kothari, A.P.P. for respondent State. This is an application under Section 439 of Cr.P.C. for grant of bail. The applicant is being prosecuted for the offence punishable under Section 307 of the I.P.C. arising out of Crime No. 112/07 of Police Station Seloo. It is stated by the learned A.P.P. for the respondent that the charge has been framed against the applicant and the trial is posted for recording evidence. Learned counsel for the applicant has contended that the medical certificate in respect of injuries caused to the victim shows that the injuries were not serious. Further, according to him, there is discrepancy as regard to number of injuries and therefore, the applicant cannot be held guilty for the offence under Section 307 of the I.P.C., at the most, he can be, if at all, is held guilty, may liable for the offence under Section 324 of the I.P.C. On perusal of the statement of the victim Rahul, it does appear that the the allegations against the applicant are that the applicant had given 2-3 knife blows on the vital region. The very nature of the weapon and the places where the blows of knife were allegedly given, show the intention of the applicant. In these circumstances, at this stage, the bail cannot be granted. However, the applicant would be at liberty to move for bail, if the trial is not concluded within a period of three months from today. The application is therefore, rejected with the liberty to the applicant to move for bail, if the trial is not concluded within a period of three months from today. Learned trial Judge is directed to expedite the matter It is made clear that the above observations are in prima facie view of the matter and the same shall not influence the trial Judge in any way while deciding the matter on merits. Application stands disposed of. JUDGE Rvj.