IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION NO.3918/2008 (Subhash Dongre - vs. State of 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 : 24th APRIL, 2009 Heard Shri Daga, Advocate for applicant and Shri Thakre, APP for state. This is an application under section 439 of Cr.P.C. for grant of bail. Applicant is one of the accused against whom there are allegations of pouring kerosene on the victim. It is alleged that accused no.1 had set the deceased on fire. The case of other accused namely Vijay was considered by this court in Criminal Application no.3578/2008. It was observed : “ This is a case of brutal murder and looking to paragraph no.3 of the reply, I find that specific role is attributed to the applicant of hitting the deceased by stick, so also instigating other accused to hit on the head rather that other parts of the body which are not vital. It is seen that all the accused persons including the applicant had after the assault set the deceased on fire and he was burnt 99%. The offence is very very serious. It is not possible to to release the applicant on bail. Criminal Application is dismissed.” Similar is the case of this accused. In these circumstances, bail can not be granted to the applicant. However, considering the report of the learned trial Judge, in pursuance of the order of this court dated 11.2.2009, it is directed that the learned trial Judge shall frame the charge against the applicant within a period of 15 days from the coming date and hear the matter expeditiously, in any case, complete the trial within a period of six months from the date of communication of this order. It is made clear that, if any of the accuse, are not attending the court, the court make take appropriate action and if some of the accused are absconding, the trial of those accused may be separated , if warranted Application stands disposed of. Liberty to move after six months. JUDGE smp