-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4581 OF 2008 IN SESSION CASE NO.696 OF 2008 IN Cr.NO. 108/2008 1. Jayakumar Ambalingam Harijan & Ors. .. Applicants. (Org.Accused) V/s. The State of Maharashtra & Anr. .. Respondents. --- Mr. S.K.Raj for the Applicants. Mr. J.P.Yagnik, APP for the Respondent-State. ----- CORAM CORAM CORAM : V.R. KINGAONKAR, J. : V.R. KINGAONKAR, J. : V.R. KINGAONKAR, J. (Vacation Court) DATED DATED DATED : 26th DECEMBER,2008. : 26th DECEMBER,2008. : 26th DECEMBER,2008. P.C.: P.C.: P.C.: 1. This application is for bail under section 439 of the Cr.P.C.. 2. Heard learned Advocate for the applicants and learned APP for the State. 3. The application is filed after the chargesheet has been served and that the charge is framed. The trial is in progress as per the statements of both the sides. The learned Advocate for the applicant would submit that on -: 2 :- 11th December, 2008 other two accused namely, Ambalingam and Gunasekar have been directed to be released on bail. 4. A copy of the bail order rendered by this court (Hon’ble Bhosale,J) is made available. It appears that the other two accused have been directed to be released on bail for the reasons that no overact was attributed to the accused Ambalingam and Gunesekar was not named as assailant. Needless to say that the relief was granted to them on prima facie material which indicated that they may not be guilty of the serious charge of causing death of the victim. 5. The incident of assault occurred on 13.07.2008 at 11.30 a.m.. The deceased-Nandmukar Harijan was allegedly assaulted by means of a iron road, iron pipe and a cricket stump by the applicants. The victim died on 17.07.2008. 6. The learned Advocate for the applicants submits that the post-mortem notes go to show that the deceased had obtained discharge from J.J.Hospital and had subsequently been admitted in a private hospital. The copy of the P.M. notes would show that the deceased died as a result of complications caused on account of the alleged assault. The presence of injuries on the person of the deceased is shown in column no.17 of the P.M.note. -: 3 :- 7. It appears that there took place previous incident quarrel between the applicants and the deceased. The prior enmity between them is brought on the surface of the record. It also appears that while the deceased Nandkumar Harijan was running towards police station, he was given a chase. Considering the prima facie material on the record and the fact that there are eye witnesses as to the incident and further that the trial has already commended, I am not inclined to grant the bail application in view of seriousness of the offence. The trial court, however, shall expedite the hearing and make an attempt to complete the trial within a period of four months. (V.R. KINGAONKAR, J. ) .....