IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION NO. 2165/2009 [Deva @ Ankal Bhaiyalal Bhivgade ..vs.. State of 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 : 3 rd JULY, 2009 Heard Shri Daga, advocate for applicant. & Shri Sonare APP for state. By this application u/s 439 of Cr.P.C. Applicant is seeking bail. Applicant along with other accused persons is facing trial for the offence u/s 302, 323 r/w 34 of IPC and section 3 & 25 of the Arms Act. Allegations as appearing against the applicant are that when the other accused were assaulting deceased Ajay, applicant had Gupti in his hand and he threatened the witnesses on the point of Gupti and hence nobody could come to rescue the deceased. It is also contended that he had beaten the complainant – wife of the deceased. The P.M.Report as regards deceased states that there were six serious injuries on the person of deceased including on vital organs. Considering conduct of applicant at the time of incident, it is not possible to grant bail. Application is rejected. Liberty to applicant to move for bail, if the trial does not begin within a period of 3 months from today.` Trial Judge is directed to expedite the trial, by framing the charge in any case within a period of one month. Observations made above are in prima faice view of the matter and they shall not influence the trial court while deciding anything on merits. Application stands disposed of. JUDGE smp