1appln-300-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 300 of 2010 IN CRIMINAL APPLICATION No. 4291/2009 IN SESSIONS CASE No.252/2008 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s orders Mrs Hansa Asher Mehta, for the Applicant. Mr K.V.Saste, A.P.P.,for the State. CORAM:- A.R. JOSHI, J. DATE :- 28TH JUNE, 2010. P.C.:- 1. Heard rival submissions for some time on this regular bail application preferred by the applicant who is facing charge for the offence punishable under section 302 of I.P.C. 2. Allegations against the applicant are that on 16.7.2008 at about 1:00 p.m. at the room of the complainant, accused and the victim came. They were quarreling with each other over some loan amount advanced. During the quarrel present applicant-accused became enraged and compelled the complainant and his paternal uncle to go out of the room and assaulted the 2appln-300-10 deceased with the help of kitchen knife. Severe bleeding injuries were caused on the abdomen of the deceased. Apparently, the victim died on the spot. The complainant and his uncle who were compelled to go out of the room had witnessed the incident and tried to chase the applicant who ran away from the spot from rear portion of the housing society where the room of the complainant situate. The alleged incident happened at about 1:00 p.m. First Information Report was registered at 1:45 p.m. Immediately at 5.00 p.m. on the same day the present applicant – accused was arrested by the police. On the day of arrest, at the instance of the accused, one kitchen knife having blood stains on the blade was recovered. On the next day the blood stained clothes of the applicant were taken charge of. Investigation is already over. Reportedly, immediately articles were already sent to C.A. somewhere in August,2008, however, till date reportedly the C.A.report is not received. However, the fact remains that in this case of murder there are two eye-witnesses and there is immediate arrest of the applicant-accused with prima facie incriminating recoveries at his instance. These circumstances, do not warrant release of the present applicant on bail during the pendency of the trial. Hence, the following order. ORDER: (a) Bail application is rejected. (b) The trial of the matter is “expedited”. Learned Additional Sessions Judge, Kalyan shall frame the charge if it is earlier not framed and dispose of the case as early as possible 3appln-300-10 and preferably within nine months from the date of receipt of writ of this order. (c) Needless to mention that investigating agency shall take immediate steps to get C.A.report to be produced before the Trial Court. (d) 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)