IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 843/08 Dadaji Kawdu Shivankar 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 : 7 th APRIL, 2008. Heard Shri R.P.Joshi, Advocate, for the applicant and Shri Fulzele, A.P.P. for respondent. This is an application under Section 439 of Cr.P.C. for grant of bail. The case against the applicant rests on circumstantial evidence. Three major pieces of evidence have been pressed into service against the applicant; (i) the last seen together; (ii) chappal of the applicant being seen on the spot; and (iii) the 'ubhari' by which the deceased was allegedly hit was seen to be taken of by the applicant. No doubt, the case is based on circumstantial evidence, but the three circumstances certainly points out towards the complicity of the applicant in the offence. In these circumstances, and more so because it is stated that the trial of the applicant has been fixed tomorrow in the trial Court, this application is rejected. However, with liberty to move for bail if the trial is not completed within a period of three months from today. Learned trial judge is directed to expedite the matter. Application stands disposed of. It is made clear that the above observations are in prima facie view of the matter and therefore, they shall not influence the trial Judge in any way while deciding the matter on merits. JUDGE Rvj.