IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION NO.1369/2009 [Sandip Balya Arun Mane..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 : 7th July, 2009 Heard Shri Anil Mardikar, Advocate for the applicant and Shri Mandpe APP for state. This is an application u/s 439 of Cr.P.C. for grant of bail. Learned APP has opposed the application. In the report lodged by complainant – injured Abhay Sawant there are specific allegations against Raju Bhaiyya and the applicant as regards the assault by kicks and fists. Learned counsel for the applicant has relied on the order of the learned Sessions Judge, Nagpur in S.T.No. 171/2008 dated 29.7.2009 by which accused Prakash @ Udiya s/o Natobar Shrena and accused Niles s/o Haribhau Baghmare are released on bail. On perusal of that order, it appears that along with present applicant, other two unknown persons were alleged to have committed offence by catching hold the injured. Their names were not mentioned in the FIR. It was found by Sessions Court that the identification parade was held on 20.4.2008, though those accused were arrested some time in first week of February. In view of the role attributed to the applicant he is not entitled for parity. Application therefore, is liable to be rejected. Same is rejected. However, liberty to applicant to move fresh application for bail, if the trial does not commence within a period of 3 months from today. Learned Trial Judge to expedite the trial by framing charge in any case within a period of one month. Application stands disposed of. JUDGE smp.