IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION NO.4228/2008 ( Swapnil Somkuwar ..vs..Stateof Maharashtra) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- 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 : 8TH JUNE, 2009 Heard Shri Daga, Advocate for the applicant and Shri Thakre, APP for state. As regards the case of the present applicant learned APP relies on the statement of one Manoj Paraswani. His statement recorded on 26.2.2008 i.e. after little time of the incident shows that he referred to the name of Swapnil Somkuwar as an assailant. Learned counsel for the applicant submits that there were two Swapnils, one Swapnil Somkuwar and another Swapnil Gajbhiye and there is doubt as to who had inflicted the knife blow on the deceased. Ex-facie it appears that the statement of Manoj Paraswani implicates the applicant as his name is Swapnil Somkuwar is referred in the statement earlier, though when he made statement as regards actual assault, he has mentioned the name of the assailant as “Swapnil” only. In these circumstances, it is necessary to wait till the evidence of this Manoj Paraswani is recorded. This application at this stage can not be granted. Applicant is at liberty to move fresh application for bail after evidence of this Manoj Paraswani is recorded. Learned trial Judge is directed to expedite the trial. Application stands disposed of. It is made clear that the above observations are in prima facie view of the matter and they shall not influence the learned trial Judge, in any way, while deciding anything on merits. JUDGE SMP