FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION No. 1531/2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s orders Mr Prathamesh Gokhale , for the Applicant. Mr P.S. Hingorani, A.P.P.for the State. CORAM:- A.R. JOSHI, J. DATE :- 22nd JUNE, 2010. P.C.:- 1. Heard rival submissions for some time on this application for regular bail. Present applicant is arrested on 27.9.2009 on the complaint lodged by wife of deceased victim. Said complaint was also lodged on the very same day of taking the name of the present applicant and his two other associates, as assailants, who assaulted her husband in front of their residential house. Also, in the F.I.R.there is mention of earlier quarrel which ensued two days prior to the incident during which there was some hot exchange of words between the present applicant and the victim i.e.husband of the complainant. It was on account of about one thousand rupees taken by way of loan by the applicant and he was avoiding the repayment though insisted by the deceased. 2. During the arguments learned Advocate for the applicant submitted that there could not have been the situation that the complainant could have witnessed the incident as the hut of the complainant and deceased stood near one Asaram Bapu Ashram and which is allegedly half km.away from the scene of offence. On this aspect it is submitted on behalf of the applicant that hut of the complainant and her husband is near the Ashram and as such it is far fetched to accept that she had witnessed the incident. Only on this certain statement as has been mentioned by the complainant that her house is near Asaram Bapu Ashram that does not mean that she is required to be disbelieved at this stage. Exact distance between Ashram and her house is not ascertained. 3. Prima facie, there are eight witnesses who take the name of the applicant as the person present on the spot during the incident of assault. Under these circumstances, it would not be in the fitness of situation to release the present applicant on bail during the pendency of the trial. Hence the order. ORDER Criminal Application No.1531/2010 stands rejected. 4. Any observations made in this order shall not be construed as any finding or any expression of opinion on the merit of the case at the time of trial. (A.R.JOSHI,J)