IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION NO.898/2009 ( Sheikh Wajid Sheikh Sarwar ..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 : 8TH JUNE, 2009 Heard Shri A.S. Manohar, Advocate for the applicant and Shri Thakre APP for state. This is an application for grant of bail under section 439 of Cr.P.C. The applicant is facing trial for the offence under section 302 of I.P.C. It is contended that the deceased was a hardened criminal and there were many criminal cases pending against him and he was also facing externment proceedings. It is further contended that because deceased had criminal background, he had rivalry with every person in the locality and therefore, he might have been killed by some other persons. As regards the implication of this accused in the aforesaid offence, there are statements of eye witnesses who categorically implicate the present applicant. Learned counsel for the applicant further submits that the statements of the alleged eye witnesses are identical verbatim and therefore, they can not be relied upon. This is a matter to be decided at the trial. Presently, the case of the applicant does not seem to be fit to grant bail. Application is therefore, rejected. Trial is directed to be expedited. Liberty to the applicant to move for bail, if the trial does not commence within a period of 3 months from today. It is made clear that above observations are in prima facie view of the matter and they shall not influence the learned trial Judge, in any way, while deciding the matter on merit. Application stands disposed of. JUDGE SMP