IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION NO.1880/2009 [Sukhlal Sandu Sangare ] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---------------------------------------------------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- 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 : 10 th JULY, 2009 Heard Shri Thakkar, advocate for applicant and Shri Thakre APP for state. The case rests on circumstantial evidence. The evidence of last seen together is appearing through the statement of Kantabai Tayde against the applicant. It is the submission of the learned counsel for the applicant that the statement of Kantabai was recorded late i.e. after 11-12 days of the incident. Therefore, her say can not be believed. The explanation offered by the APP is that late recording was due to the fact that she was afraid of the incident and hence she had left from Buldhana to Chikhli for pretty long time and after considerable time she was required to call from Chikhli to Buldhana, therefore, the contention fo the learned counsel for the applicant cannot be accepted. The application is therefore, liable to be rejected. The same is rejected with liberty to move this court for bail, if the trial does not commence within a period of 3 months from today. Learned trial Judge is directed to expedite the trial and in any case frame the charge within a period of one month from today. Application stands disposed of. JUDGE SMP