IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION NO. 1765/2009 ( Jaikumar Gulabrao Gawai and another .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 : 9 th JUNE, 2009 Heard Shri Anand Jaiswal, Advocate, for the applicants and Shri Mujumdar, APP, for respondent State. This is an application under Section 439 of Cr.P.C for grant of bail. The applicants are accused of the offence under Sections 302, 452, 504, 506, 342, 449 r/w 34 of the I.P.C. The learned counsel for the applicants has pointed out from the P.M. Note that there are only 3-4 injuries which were allegedly caused by the applicants on the lower part of the body of the deceased i.e on legs. According to him, there was no intention to kill the deceased and at any rate, offence under Section 302 of I.P.C is not made out as the deceased had died due to complications following fracture of long bones and multiple injuries. It appears that in the charge sheet there are no papers indicating the treatment given to the deceased. Ex facie, it is difficult to say that the injuries caused to the deceased were sufficient to cause death of the deceased in the ordinary course of the nature. Of course, this is the matter to be decided at the time of trial. Learned counsel for the applicants has contended that the charge sheet filed shows that no offence under Section 302 of I.P.C has been made out and therefore, they can be released on bail. I am unable to accept the contention of the learned counsel for the applicant as the allegations against the applicants are that they had entered into the house of the deceased, took him out of the house by beating him with sticks. The applicants are also alleged to have possessed the Axe, though the allegation is that the deceased was beaten by the handle of the Axe. In these circumstances, at this stage, it is not possible to release the applicants on bail, but liberty is granted to move for bail if the trial does not commence within the period of three months from today. The learned trial Judge is directed to expedite the matter. It is made clear that the above observations are in prima facie view of the matter. Therefore, they shall not influence the learned trial Judge in any way while deciding the matter on merits. The application stands disposed of. JUDGE Rvjalit