1 IN THE HIGH COURT OF JUD ICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 3700 / 2009 [Sheikh Amir Sheikh Hasan @ Ammu vs. State of Maharashtra ) ..................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... Mr D A Rajurkar , Adv. for applicant Mr S B Ahirkar, APP for respondent .......... CORAM : A.P.BHANGALE, J. DATED : JANUARY 28, 2010. Heard. 2. By means of this application, the applicant prays for grant of bail in respect of Crime No. 180/2007 reported at Wadgaon Road Police Station, Yavatmal for offence punishable under section 147, 148, 149,302, 120-B of the IPC. Learned Advocate for the applicant sought bail mainly on the ground that the trial is pending since long and secondly that the name of the applicant was not mentioned in FIR. Per contra, according to learned APP the name of the applicant was referred to by witnesses as Ammu @ Amir and weapon of offence was also recovered at the instance of the applicant which was lying. Further, bail application is objected on the ground that there are many criminal cases reported against the applicant in the past and he was also booked under MPDA Act. Bail application was further stoutly objected on the ground that there was merciless assault upon the deceased resulting into multiple injuries and there is 2 evidence of eye witnesses implicating the present applicant. Perusal of PM notes in column No.17 would reveal that a total of 43 injuries were noted giving cause of death as shock and haemorrhage due to multiple injuries. 3. Learned Advocate for the applicant submitted that Test Identification parade was not held in the course of investigation. I think this submission cannot be given much importance for the simple reason that according to prosecution there are eye witnesses to the incident who knew the applicant making reference of his name as Ammu @ Amir. Be that as it may, benefit of bail on that count, may be obtained by the applicant on merits in the course of trial. However, at this stage, it appears that there is prima facie material collected during the investigation as against the applicant and considering the fact that that there were past criminal cases reported against him and likelihood of tampering with prosecution evidence, I am not inclined to grant bail. However, if the trial is not completed within a period of three months from today, the applicant is at liberty to apply for bail. Liberty accordingly. Application is rejected. Presiding Officer of the trial Court to endeavour to dispose of the trial as early as possible. JUDGE sahare