BA-889-11.sxw 1 Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.889 OF 2011 Ashok Uttam Khairnar ... Applicant V/s. The State of Maharashtra, Thru' Satana Police Station, Dist. Nashik ... Respondent Mr. S.J. Ghogare for the Applicant. Mrs. S.D. Shinde, APP, for the Respondent. CORAM:- A.M. THIPSAY, J. DATED :- 1 ST AUGUST, 2011. P.C. : 1. Heard. 2. I have gone through the F.I.R. and the annexures to the Bail Application. 3. Mr. Ghogare, the learned Advocate for the Applicant, has produced a copy of the order passed by the Court of Sessions, Malegaon, whereby the co- accused Dilip Birari was released on bail. I have gone through the said order. 4. The case of the said Dilip Birari and that of the Applicant is not on par. Therefore, the Applicant cannot be released on bail merely because the said Dilip Birari has been granted bail by the Court of Sessions. 5. Upon going through the statement of one Bapu Bagul, it appears that the Applicant had allegedly assaulted the deceased. Considering that there were BA-889-11.sxw 2 Dixit injuries on the dead body and the death was opined to be unnatural, due to rupture of kidneys, it cannot be said that there exists no prima facie case against the Applicant. The question as to whether the offence allegedly committed by the Applicant would be of murder, or would be a lesser offence cannot be satisfactorily decided at this stage. Undoubtedly, the Applicant is in custody since February, 2010, but I am informed that a charge has already been framed. As such, the trial can be expeditiously held. 6. Considering all the relevant aspects of the matter, I am not inclined to release the Applicant on bail. 7. The Bail Application is rejected. 8. Liberty to the Applicant to apply afresh for bail, should the trial be not over within a period of four months from today. [A.M. THIPSAY, J.]