IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION NO.2278/2009 (Anil Shriram Kapgate ..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 : 10 th JULY, 2009 CRIMINAL APPLICATION NO.2314/2009: Heard Shri Daga, advocate for the applicant. Filing of copy of FIR is dispensed with for the present. Same be filed within 15 days. Application stands disposed of. CRIMINAL APPLCIATION NO.2279/2009: Heard Shri Daga, advocate for applicant and Shri Sonare APP for state. This is an application u/s 439 of Cr.P.C.for grant of bail. The applicant along with other accused is facing trial for the offence u/s 302 r/w 34 of I.P.C. arising out of Crime No. 3/2009 of P.S. Lakhandur for allegedly committing murder of one Moreshwar Lanjewar. As per postmortem report he was found to be strangulated and later on hanged. The statement of Malanbai who implicates the applicant as well as other accused for the said offence, shows the basis of last seen together as well as for strong motive to commit offence. The other accused has not applied for bail. Learned counsel for the applicant has pointed out that this statement of Malanbai was recorded twice and in first statement she did not implicate the applicant as well as other accused and only it is stated that she has no suspicion on anybody. The latter statement appears to have been recorded on 9.1.2009, but by other P.S.I. No doubt this statement does not depict that her earlier statement was incorrect, but fact remains that the statement was recorded within a short time of the first statement. Why this statement does not contain the assertion that her first statement is incorrect, can be explained at the time of trial. In these circumstances, the instant application is liable to be rejected. Same is rejected. Liberty to applicant to move for fresh bail, if trial does not commence within 3 months from today. Learned trial Judge is directed to expedite trial and decide the same at the earliest, by framing charge within one month from today. Application stands disposed of. JUDGE SMP