- 1 - IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION NO.4818 OF 2005 APPLICATION NO.4818 OF 2005 APPLICATION NO.4818 OF 2005 ............................................................. Office Notes,Office memorandum of Coram, appearances,Court’s Court’s or orders or directions Judge’s orders & Registrar’s orders. ............................................................. Mr.Uday Warunjikar for the Applicant Mr.K.V.Saste,A.P.P. for State CORAM: CORAM: CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : AUGUST 3,2005 : AUGUST 3,2005 : AUGUST 3,2005 P.C.: P.C.: P.C.: 1. Heard Advocate for the Applicant and the learned A.P.P. for State. Offence alleged against the Applicant is under Section 304 of the Indian Penal Code. Considering the nature of allegation against the Applicant, the learned 5th Additional Sessions Judge, Pune has rejected the application for bail only on the ground that the investigation was in progress. The allegation against the Applicant seems to be that he assaulted the deceased by iron hammer on the head. If the investigation is in progress, surely this is not a case where the Applicant can be enlarged on bail before completion of the investigation. 2. Application is therefore rejected. - - - - - - 2 - JUDGE JUDGE JUDGE