IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION NO.1729/2009 (Mohd Saleem Mohd Ibrahim..vs.. 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 : 19 th JUNE, 2009 Heard Shri Choudhary & Shri Narwade, advocate for the applicant and Shri Thakre APP for state. This is an application under section 439 of CR.P.C. for grant of bail. Applicant is alleged to have committed offence under sections 302, 147, 148, 149 , 452 of IPC in Crime NO.3/2009 of P.S. Umarkhed. The allegations are serious. Learned APP has opposed this application saying that the alleged theory of alibi of the applicant of being admitted in Guru Govindsingh Hospital, Nanded at the relevant time, is false. According to learned APP such previous offence was registered against applicant in 2007 and also there are some other offences which are registered against him. It is contended that the applicant was proceeded for preventive action under section 110 of Cr.P.C.earlier. Learned APP has further pointed out that in FIR the name of the applicant is mentioned as the main offender and as the charge sheet is filed and trial is likely to begin, bail should not be granted, more particularly, because such offence was earlier registered against him in 2007. Considering the totality of the circumstances, as defence of the applicant of alibi, which is to be proved at the time of trial and as in the present case, there is specific report against the applicant by mentioning his name as assailant along with other offenders, bail at this stage cannot be granted. However, liberty to applicant to move for bail, if the trial does not commence within a period of next three months. Trial Judge is directed to expedite the trial. It is to be held on day to day basis, after the charge is framed. It is made clear that the observations made above are in prima faice view of the matter and the trial court shall not be influenced in any way by the same, while deciding the sessions trial on merits. Application stands disposed of. JUDGE smp