1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION NO. 90/2009 ( Milind Awadhoot Dande 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 : 8 th APRIL, 2009 Heard Shri Kasat, Advocate for the applicant and Shri Thakare, APP for respondent State. This is an application under Section 439 of Cr.P.C. for grant of bail. The applicant/accused along with the other accused are being prosecuted for the offence punishable u/ss 302, 307, 342 r/w Section 34 of the IPC arising out of Crime No.50 of 2008 of Police Station Ner, Distt. Yavatmal. Learned counsel for the applicant has submitted that the applicant is just above the age of 18 years, so he is not juvenile offender, but, considering his age, he should be released on bail. I have considered the circumstances of the case. It is the case of the prosecution that applicant and others have seriously assaulted the 2 deceased and also one other person. Use of Iron rod and axe is there. There are serious allegations. In the circumstances, it is not possible to allow the application. The same is rejected. However, liberty to the applicant to move for bail if the trial does not commence within a period of three months from today. It is made clear that the above observations are in prima facie view of the matter and the same shall not influence the trial Judge in any way while deciding the matter on merits. JUDGE Rvjalit