IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION NO. 1618/2009 ( Santosh Shamrao Kumare .vs. State of Maharashtra) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- CORAM : S.R.DONGAONKAR, J. DATE : 29 th JUNE, 2009 Misc.Cri.Application No. 1704/2009 Heard counsel of the parties. Filing of the certified copy of the impugned order and typed copy of the F.I.R. is presently dispensed with. The same be filed within 15 days. Application disposed of. Criminal Application No. 1618/2009 Heard Shri Bhangde, Advocate, for the applicant and Shri Sonare, APP, for Respondent State. By this application, the applicant is claiming bail under Section 439 of Cr.P.C. The learned Additional Sessions Judge, Nagpur, while rejecting the bail application of the applicant has observed that, “the statements of parents of applicant Kamlabai Shyamrao Kumbre and Shyamrao recorded by police reveal that their son i.e. applicant used to drink liquor and used to assault his wife and his minor children and he used to beat his mother also under the influence of liquor. Their statements further reval that the applicant had forcibly brought minor son Vicky from the house of his father-in-law and lastly the deceased Vicky was found dead by the side of the applicant in the house and at that time the applicant was under drunken condition”. The cause of death of the deceased as recorded in post- mortem report is head injury. Considering the totality of the circumstances, it is not possible to grant bail to the applicant. However, he shall be at liberty to move for bail, if the trial does not commence within a period of three months. The learned trial Judge is directed to expedite the trial & in any case frame the charge within a period of one month from today. The application disposed of with above liberty. It is made clear that the above observations are in prima facie view of the matter and therefore, they shall not influence the learned trial Judge while deciding anything on merits. JUDGE Rvjalit