1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4325 OF 2008 Ali Sagar Jaffazul Hussain Kazi ..... Applicant. V/s The State of Maharashtra ...... Respondent. ------ Mr. Shirish Gupte, Senior Counsel, i/b Ms. Anjali Patil for the applicant. Mr. S.S. Pednekar, APP for the State. ------ ALONGWITH CRIMINAL APPLICATION NO. 160 OF 2009 Mohammedali Taffazul Hussain Kazi. ..... Applicant. V/s The State of Maharashtra ...... Respondent. ------ Mr. Shirish Gupte, Senior Counsel, i/b Ms. Anjali Patil for the applicant. Mr. S.S. Pednekar, APP for the State. ------ CORAM : V.M. KANADE, J. DATE : 20th January, 2009 P.C.:- 1. Heard the learned Counsel appearing on behalf of the applicants and the learned APP appearing on behalf of the State. 2 2. Applicants have been arrested in connection with C.R. No. No.255 of 2008 registered at Oshiwara Police Station for the offence punishable under section 307, 341 read with section 34 of the Indian Penal Code. 3. Looking at the injuries suffered by the victim, in my view, this is not a fit case for grant of bail. The complainant also has sent a letter to this Court which has been received by the Registrar (Judicial), High Court, Bombay, in which he has expressed his apprehension that if the applicant is released on bail, he may tamper with the evidence. 4. Mr. Shirish Gupte, the learned Senior Counsel appearing on behalf of the applicants has submitted that the applicants are in jail since last 8 months and that the charge- sheet has been filed. He invited my attention to the judgment of the Apex Court in the case of Bhausaheb Nagu Dhavare Vs. State of Maharashtra & Anr reported in 2001(3) Crimes 410 (SC) in which the Apex Court, under similar circumstances, granted bail to the applicant. 5. In my view, ratio of the said judgment in the case of Bhausaheb Nagu Dhavare (supra) will not be of any assistance to the present applicants since, in that case, the Apex Court has observed that in the facts and circumstances of the said case, there was no prospect of the offence being escalated to higher counts. In view of the letter sent by the 3 complainant, in this case there is a possibility of escalation between the parties if the applicants are released on bail. The possibility of tampering with the evidence also cannot be ruled out. Under these circumstances, at this stage, it is not possible to grant bail to the applicants. Applications for bail are, therefore, rejected. 6. However, trial is expedited. Sessions Court is directed to decide the Sessions Case expeditiously and within six months. I am informed that already witness summons have been issued by the prosecution. If the trial is not over within a period of six months, liberty is granted to the applicants to apply for bail again. 7. Applications are disposed of. (V.M. KANADE, J.)