1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3969/2009. (Mohan s/o Gulab Chavan Vs. The State of Mah.) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.RV Gore, Advocate for applicant; Mr.VD Rakh, APP for State. ___ CORAM : K.U.CHANDIWAL, J. DATE : 5 th February, 2010. ... 1) Heard Mr.Gore for the accused/applicant. 2) This is second application, seeking bail in a matter under Section 302 of IPC as the first application is rejected on 8th September, 2009. 3) Mr.Gore submits the change in the circumstance is, in spite of committal of the case, the learned Sessions Judge has not framed charge, the proceedings are adjourned for receiving Muddemal and consequently, according to him, in the light of Supreme Court dictum, as reflected in the matter of Bal Krishna 2 Pandey Vidur Vs. State of U.P. - 2001 STPL(LE) 30486 SC – (2003) 12 SCC 186, the applicant/accused is entitled for bail. 4) The matter of Balkrishna projected a distressing spectacle before the Apex Court. The learned Sessions Judge did not frame charge for seven months, which the Apex Court found as `negation of principle of speedy trial'. In paragraph 6 of the said judgment, the Apex Court observed, based on the medical evidence and other material available on record, without expressing any opinion on merits of the case, and directed release of said appellant on bail during pendency of trial. It is thus clear, the Apex Court did not, by default, in taking the matter, grant bail to said accused. The judgment cited above cannot be taken to its logical assistance for the present case. 5) The accused/applicant allegedly in intoxicated state of health, assaulted 3 the deceased by axe and few other students in the Aashramshala. The deceased succumbed. There are eye- witnesses. The matter had its terror in the mind of inmates of the Aashramshala as they were put in lurch and a situation of mayhem. 6) Considering these aspects, no merit, bail application rejected. (K.U.CHANDIWAL) JUDGE bdv/cran3969.09