IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION NO.497/2009 (Milind Gaikwad--versus- State ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- 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 : 22nd APRIL, 2009 CRIMINAL APPLICATION NO.1582/2009: Heard Smt. Kalamkar, Advocate for the applicant and Shri Mandpe, A.P.P. for state. Allowed to file document as prayed for. Application stands disposed of. CRIMINAL APPLICATION NO.497/2009 Heard Smt. Kalamkar, advocate for the applicant and Shri Mandpe, A.P.P. for state. This is an application under section 439 of Cr.P.C. for bial on the ground of parity as well as on the ground of pendneyc of the trial. Accused no.3 Sarafraj Khan appears to be have been released on bail by Additional Sessions Judcge, Yavatmal. It appears that the court while passinig order regarding bail of other accused on 20.6.2006 has observed erved that 'iIn view of the above submissions, it therefore, emerges that the investigaiton is complete, charge sheet is filed, even the case is committed and made over to me. In other words, there is no hurdle in making the conditional order.” Perhaps with the possibility that the trial might commence in near future. It is informed that the trial is not yet started. Allegations against the present applicant as appearing from the reply are that the applicant had assaulted the deceased with knife and there are eye witnesses namely Asifkhan Pathan, Ashpaqkhan Pathan and Babu Janardan Wasnik. It is also submitted by the learned A.P.P. in reply on affidavit that during the course of investigation it has transpired that the applicant has played main roll in committing the murder of deceased Noorkhan. In these circumstances, in view of the pendency of the trial for long time, bail is not warranted. However, learned trial Judge is directed to expedite the hearing of the trial and dispose of the same as early as possible and in any case within a period of 4 months. Liberty tomove, if the trial is not completed within 4 months from today. Application stands disposed of. Inform the trial court. JUDGE SMP