BA-1109-11.sxw 1 Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1109 OF 2011 Vishwanath Jainath Yadav @ Motha Kaka ... Applicant V/s. The State of Maharashtra, Thru' Kalwa Police Station, Thane ... Respondent Mr. R.D. Suryawanshi for the Applicant. Mr. K.V. Saste, APP, for the Respondent. CORAM: A.M. THIPSAY, J. DATED : 10 TH AUGUST, 2011. P.C. : 1. Heard. 2. I have gone through the Bail Application and the copy of the Charge- Sheet that is annexed thereto. 3. The Applicant has been named as one of the assailants in the First Information Report lodged by Smt. Nanda Patole, who is an eye witness to the incident. Apart from this, there are other eye witnesses too, who also named the Applicant as one of the assailants. The role attributed to the Applicant is that he gave blows on the head of the deceased. The deceased appears to have died due BA-1109-11.sxw 2 Dixit to head injury, as can be seen from the notes of the post-mortem examination. The only contention advanced by Mr. Suryawanshi, the learned Advocate for the Applicant, is that the F.I.R. mentions that the blow on the head, allegedly, given by the Applicant to be by a sharp object and since the head injury has been caused by a hard and blunt object, the version in the F.I.R. is falsified. I am not impressed by this submission. In fact, some of the eye witnesses have not mentioned about any ‘sharp’ weapon, but have mentioned of the weapon as an ‘iron pipe’. 4. It also appears that the Applicant was not available to the Police after the crime was registered and he could be arrested only on 30th September, 2009. 5. Since a prima facie case of a serious offence exists against the Applicant, I am not inclined to release him on bail. 6. The Bail Application is rejected. 7. However, in the circumstances, it is directed that the trial shall be expedited and disposed of, as early as possible. [A.M. THIPSAY, J.]