IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION NO.491/2009 (Abdul Nabi ..vs.. State ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- 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 : 21 st APRIL, 2009 Heard Shri Agnihotri, advocate for the applicant and Shri Mandpe, A.P.P. for state. This is an application under section 439 of Cr.P.C.for grant of bail. The charge sheet against the applicant as well as some other accused has been filed for the offences under section 302, 307, 147, 148, 149, of I.P.C. r/w 4, 25 of the Arms Act and section 135 of the Bombay Police Act. The offence under section 302 was also added as the victim had died later. The trial, it is informed, has not commenced because one of the accused is absconding. As regards the case of the applicant, the State has opposed this application on the ground that there are as many as 5 eye witnesses to the incident and this applicant was seen assaulting the deceased by sword along with others. The State has also pointed out that the applicant is facing some trials, which are for the offences under the Arms Act and Bombay Police Act. The allegation is also made by the respondent that the applicant is trying to influence the prosecution witnesses. On perusal of the reply and considering the circumstances of the case, though the matter is of 2007, it is not possible to consider this application as the trial is likely to be begin in near future. Therefore, this application is liable to be rejected with liberty to applicant to move for bail, if the trial does not commence within a period of 3 months from today. Learned trial Judge is directed to expedite the disposal of the case pending against the applicant. If necessary, the trial Judge shall separate trial of the accused appearing before the court and of those who are not appearing before the court and are absconding, on the coming date, so that the trial of under trial prisoners can be expedited. Application stands disposed of with above observations. Inform trial court. JUDGE SMP