BA-616-11.sxw 1 Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.616 OF 2011 Rajesh Dulichand Borkar ... Applicant V/s. State of Maharashtra, Thru' Mulund Police Station, Mumbai ... Respondent Mr. R.D. Mokashi for the Applicant. Mrs. S.D. Shinde, APP, for the Respondent. CORAM:- A.M. THIPSAY, J. DATED :- 27 TH JULY, 2011. P.C. : 1. Heard. 2. I have gone through the Bail Application and the annexures thereto. 3. It cannot be disputed at this stage that the Applicant fired from his licensed revolver and a bullet hit Kishor Gaikwad, the brother of the First Informant, who required hospitalization. The emphasis of Mr. Mokashi, the learned Advocate for the Applicant, is on the facts preceding the incident. It does appear that the First Informant and the victim along with their mother and sister had gone to the office of the Applicant to challenge him about his past conduct. It is submitted by Mr. Mokashi that the Applicant had, as per the version in the F.I.R. itself, apologized about his previous conduct and had even paid money for the medical treatment of the First Informant, which was, admittedly, accepted by the mother of the First Informant. He also submitted BA-616-11.sxw 2 Dixit that it may be matter to be inferred that the First Informant and the victim were aggressive and the incident having taken place on account of that. 4. I have considered the matter. The Applicant is in custody since last more than six months. There is some substance in the contention advanced by Mr. Mokashi, but there is no material to indicate that the victim or the First Informant or persons with them, if any, were armed. The justification for firing would be a matter to be decided by evidence, as may be adduced during the trial. 5. Under the circumstances, I am not inclined to release the Applicant on bail. It is, however, just and proper to direct the trial to be expeditiously held. The prayer for bail can be reconsidered, should the trial be not over within a reasonable time that is being fixed. 6. The Bail Application is rejected. 7. However, the trial Court is directed to expedite the trial and complete it within a period of four months from the date of receipt of this order. 8. Liberty to the Applicant to apply afresh for bail, should the trial be not over within that time. [A.M. THIPSAY, J.]