IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRI.APPLICATION NO.3875 OF 2008 CRI.APPLICATION NO.3875 OF 2008 CRI.APPLICATION NO.3875 OF 2008 Toufique Nasirkhan Pathan, .. Applicant Vs The State of Maharashtra, Respondent. Mr H.S.Venegaonkar, for the applicant. Ms A.T.Jhaveri, APP, for the respondent. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. DATE : 20/11/2008 DATE : 20/11/2008 DATE : 20/11/2008 PC: PC: PC: 1. Heard Mr.Venegaonkar, learned counsel for the applicant and Ms.Jhaveri, learned APP, for the State. 2. The applicant is seeking bail in CR No.68/2008 of Shivaji Nagar Police Station, Ichalkaranji, Dist-Kolhapur. The said crime has been registered against the applicant and four others for having allegedly committed an offence punishable under sections 302, 143,147, 148,149 of IPC and 135 of the Bombay Police Act. 3. It is the case of the prosecution that on 2.6.2008 all the accused chased the deceased Vijaykumar and assaulted him with weapons in their hands, as a result of which the deceased died on the spot. It is alleged that the present applicant was armed with sword and he assaulted the deceased with the sword. The other eye-witnesses, though did not name the applicant in their initial statements, in the supplementary statements, after seeing the applicant in the police lock-up, have identified him as one of the assailants. Mr Venegaonkar, learned counsel for the applicant, vehemently submitted that the applicant has been falsely implicated in the present case by the complainant against whom the applicant had lodged a complaint bearing C.R.No.41 of 2008. In that incident, the applicant had sustained serious injuries and hence the said offence was registered against the complainant and the deceased under section 326 of IPC. It is difficult to accept at this stage that merely because such complaint was filed against the complainant and the deceased by the applicant, all the witnesses would falsely implicate the present applicant. In my opinion, this is not a fit case to enlarge the applicant on bail. The application is rejected. . Looking to the age of the applicant, the trial court shall endeavour to dispose of the trial as expeditiously as possible and preferably within a period of eight months from the date of receipt of the copy of this order. . While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case without being influenced by the observations made in this order. . The application is disposed of. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)