IN THE HIGH COURT OF JUDICATUR AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION NO. 852/09 [Firoz Khan ..vs.. State vs. State Mah.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- 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 : 28 th APRIL, 2009 Heard Shri Sheikh, Advocate for applicant and Shri Mandpe, APP for state. By this application, under section 439 of Cr.P.C., applicant is claiming bail. He is being tried for the offences under section 302, 397, read with section 34 of Indian Penal Code, on the allegations that on 4.11.2008, he along with other three accused had assaulted deceased and committed robbery. Report was lodged against three unknown accused. Applicant was not named in the first information report. Learned A.P.P., pointed out that there is eye witness account of two witnesses namely Nasarullakhan and Abdul Nabi who had specifically named four assailants including these applicants who had assaulted the deceased by means of knife to commit offence. To the specific query, learned counsel for the applicant is not able to point out any enmity between these witnesses and the applicant so as to implicate the applicant, falsely. Though there appears some lapses on the part of the investigation regarding non-conducting T.I.Parade, but that fact itself would not make the applicant entitled for bail. In these circumsdtances, application rejected. Learned trial Judge is directed to expedite the hearing of the sessions trial and decide the same as early as possible, in any case within a period of six months. Application stands disposed of with a liberty to applicant to apply afresh, if the trial is not completed within 6 months. JUDGE smp