jpc ba513-11.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLOICATION NO. 513 OF 2011 Ravi Laxman Shelar ... Applicant Versus The State of Maharashtra ... Respondent Mr. Prakash Naik, for the applicant Mrs. S. D. Shinde, APP for the State Mr. S. V. Marwadi, for the intervenor CORAM:- A.M. THIPSAY, J. DATED :- 26th July, 2011. P.C. : 1. Heard. 2. With the assistance of Mr. Naik, the learned advocate for the applicant, Mrs. Shinde, the learned APP for the State and Mr. Marwadi, the learned advocate for the intervenor, who is permitted to intervene and assist the APP, I have gone through the charge-sheet. 3. On 7th April, 2010, a dead body of a person, who was not identified at that time, was noticed by one Shivaji- Police Patil of village Asangaon. The First Information Report was lodged by the said Shivaji. In the course of investigation, the dead body was revealed to be of one Nandgopal Pande. It was also revealed that one Bablu alias jpc ba513-11.sxw 2 Abdulla Majiulla Khan-accused no.1, with the help of one Vijay alias Subhash-accused no.2 and other accused had got the said Nandgopal Pande murdered. The applicant is one of the accused in the case. He is in custody since 6th May, 2010. 4. The case is based on circumstantial evidence. The circumstances said to be appearing against the applicant are that the pen of the deceased was recovered in the course of investigation at the instance of the applicant. According to the learned advocate for the applicant, this pen has not been identified by any one, as one which the said Nandgopal Pande was having with him at the time of his death. The other circumstance is that the applicant was in continuous telephonic contact with the co-accused- Vijay. Except this, there is no other material to connect the applicant with the alleged offence. 5. While dealing with the bail application filed by the co-accused, this Court had directed the trial to be expedited( Criminal Bail Application No. 4570/2010, decided on 23rd November, 2010). However, inspite of such direction, the trial has not even commenced till today. Mr. Marwadi has submitted that it is because the present applicant has not engaged any advocate. This, even if true, would not justify the delay in proceeding with the trial, in as much as, the learned Judge was required to provide legal aid to the undefended accused and then jpc ba513-11.sxw 3 proceed with the case. 6. Considering all the relevant aspects of the matter, I am inclined to release the applicant on bail. 7. The application is allowed. 8. The applicant is ordered to be released on bail in the sum of Rs. 50,000/- (Rupees fifty thousand only) with one surety in like amount. (A.M. THIPSAY, J.)