IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION NO. 1070/2009 (Krushna @Guddu Sakharam Khawase vs. State of Mah.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- 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 : 30 th April, 2009 Heard Shri Dharaskar, Advocate, for the applicant and Shri Sonare, APP, for respondent. This is an application under Section 439 of Cr.P.C. for grant of bail. The incident is of 10.08.2008. It is alleged that the applicant had assaulted the deceased by Sattur and Iron Pipe and some injuries were caused, which resulted in death. The evidence of eye-witness Lacchhi implicated the applicant. Learned counsel for the applicant has submitted that the offence, if any, made out against the applicant is under Sectin 304 Part-II and not under Section 302. It is difficult to agree with this submission at this stage. The trial of the applicant is likely to begin in near future, hence application is rejected. However, with a liberty to move for bail, if the trial does not commence within a period of three months from today. Learned trial Judge to expedite the matter. It is made clear that the above observations are in prima facie view of the matter and the same shall not influence the trial Judge in any way while deciding the matter on merits. Application disposed of. JUDGE Rvjalit