jpc ba858-11.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 858 OF 2011 Salim Zahiruddin Shaikh ... Applicant Versus The State of Maharashtra ... Respondent Mr. Sherali S. Khan, for the applicant Mrs. S. D. Shinde, APP for the State CORAM:- A.M. THIPSAY, J. DATED :- 20th July, 2011. P.C. : 1. Heard Mr. Sherali, the learned Advocate for the applicant and Mrs. Shinde, the learned APP for the State. 2. This application was taken up for hearing out of turn as the learned advocate for the applicant mentioned that the main accused in this case has already been released on bail. 3. The alleged offence has been taken place on 13th January,2011. It appears that the role attributed to this applicant and one Mustafa-a co-accused- is that they assaulted one Malik Shaikh on his head, face and forehead with bamboo. Malikh Shaikh lost consciousness and was removed in that condition itself to Sion Hospital. It is submitted that he was admitted in Sion Hospital till 28th January, 2011. The co-accused jpc ba858-11.sxw 2 Abdul Kadar- who has been released on bail appears to have inflicted only a superficial injury to one Mohsin. Bail has been granted to him on that basis. The case of the present applicant cannot be said to be on par with that accused for the purpose of bail. 4. Since, it appears that the said Malik Shaik lost consciousness and was unconscious for a period of about 15 days, the allegation of the offence punishable under section 307 of the Indian Penal Code cannot be said to be unjustified, at least prima facie. 5. Since it is submitted that the applicant is in custody since January, 2011 and that the trial has not yet commenced, it would be proper to expedite the trial, though I am not inclined to release the applicant on bail. 6. The application is rejected. 7. However, the trial Court is directed to expedite the trial and complete it within a period of six months from the date of receipt of this order. 8. Liberty to apply afresh for bail, should the trial be not over by that time. (A.M. THIPSAY, J.)