1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Criminal Application (BA) 212/2011 ( Vishwanath Namdeo Bawankude ..V/s.. State of Maharashtra, through P.S.O., Lakhandur, Distt. Bhandara ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. R. S. Khobragde, Adv. for applicant. Mr. S. M. Bhagde, APP. for respondent. CORAM : M.N. GILANI J. DATE : 10.6.2 011 . Heard. The applicant, who is an accused in Sessions Trial Case No.39/2010, pending on the file of the Additional Sessions Judge, Bhandara, filed this application for releasing him on bail. The prosecution case is that the complainant Suresh and the applicant – accused are the neighbours. Just by way of temporary arrangement the complainant had allowed the applicant to draw electricity from his house. This was objected to by the lineman of the electricity company since such arrangement was unauthorized. Accordingly, supply was disrupted and hence the accused had a grudge against the complainant. 2 On 19/2/2010 there was engagement ceremony in the house of the neighbour of the complainant. In the backyard the food was being cooked. Deceased Aditya, aged 3 years, was son of complainant. It is alleged that the complainant lifted the deceased Aditya and dipped his hands and legs in the iron pan in which Kadhi (liquid food) being cooked. The complainant, including neighbours gathered after hearing screams of said Aditya. He was removed to hospital. Initially, the offence under section 307 of the Indian Penal code was registered. After two weeks Aditya succumbed to burn injuries. He had sustained 46% burns. When offence under section 307 of the Indian Penal Code was registered, the accused was granted bail by the Sessions Judge, Bhandara. After the death of Aditya, the offence was converted into section 302 of the Indian Penal Code and hence the applicant could not be released. The second bail application for releasing the applicant on bail was moved before the Additional Sessions Judge, Bhandara, who rejected the application. Chargesheet has been submitted. Learned counsel for the applicant invited my attention to the statements of the witnesses and more particularly the contradictions between the F.I.R. lodged by the complainant and his subsequent statement recorded by the police. 3 In the F.I.R., the complainant had narrated in detail the incident and also pointed out the motive towards the commission of the offence. Even if this is kept aside, there are number of witnesses who had stated that deceased Aditya had told them that the applicant had dipped his legs and hands in the pan in which Kadhi was being cooked. This is enough to show the involvement of the applicant/accused. There has been a death of a three years innocent child. On going through the record it does not appear that the witnesses are actuated with a strong motive to falsely involve the applicant – accused. Considering the gravity of the offence, I do not think it fit to grant bail to the accused, pending trial. Application is rejected. The trial is expedited. It is directed that the trial shall be completed as far as possible within six months from the date of receipt of this order. JUDGE Tambaskar.