BA-925-11.sxw 1 Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.925 OF 2011 Mahesh Shantaram Tajanpure ... Applicant V/s. The State of Maharashtra, Thru' Nashik Road Police Station, Nashik ... Respondent Mr. A.P. Mundargi, Sr. Advocate, i/b. Mr. Naveen Chomal, for the Applicant. Mrs. S.D. Shinde, APP, for the Respondent. Mr. S.V. Kotwal, i/b. Mr. Ganesh Mohite, for the First Informant. CORAM:- A.M. THIPSAY, J. DATED :- 5 TH AUGUST, 2011. P.C. : 1. Heard. 2. I have gone through the F.I.R. and the statements recorded during investigation. 3. The Applicant has been named in the F.I.R. and it has been mentioned that he was holding a sword at the time of the incident. Mr. Mundargi, the learned Counsel for the Applicant, submitted that the story in the F.I.R., BA-925-11.sxw 2 Dixit namely, of three persons having assaulted the deceased by sword is falsified by the fact that only one stab injury was noticed on the dead body. His contention that, therefore, there exists a clear possibility of over implication, undoubtedly, has substance. However, it also appears that the presence of the Applicant along with the others on the scene of the offence cannot be doubted at this stage. A sword is also stated to have been recovered at the instance of the Applicant in the course of investigation. I am informed that the case has been kept for framing of charge. Thus, the trial can be expected to be over within a short time. 4. Considering all the relevant aspects of the matter, I am not inclined to release the Applicant on bail. 5. The Bail Application is rejected. 6. Liberty to the Applicant to apply afresh for bail, should the trial be not over by the end of December, 2011. [A.M. THIPSAY, J.]