1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION NO. 1046/2009 ( Rajesh Dashrath Leedar .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 : 15 th APRIL, 2009 Cri.Application No.1047/2009 Heard Shri Joshi, Advocate, for the applicant. Filing of the certified copy of F.I.R. presently dispensed with. The same be filed as and when directed by this Court. Application disposed of. Cri.Application No. 1046/2009 Heard Shri Joshi, Advocate, for the applicants and Shri Sonare, APP, for respondent State. This is an application under Section 439 of Cr.P.C. for grant of bail. The applicant is facing trial for the offence under Section 498-A, 304-B, 302 of IPC. The allegations are that, the applicant 2 had committed murder of his wife. He was treating her with cruelty and this was a dowry death. It is contended by the learned APP that the statement of child witness i.e. son of the deceased & applicant, shows that the applicant had set fire to the deceased. It is also contended by the learned APP that there is evidence of one Naresh Motiram Morey to the effect that when he heard the shouts, he came to the spot. The door of the quarter of the applicant was closed from inside and it took about 10 minutes to open the door. The deceased & applicant were inside the quarter. This fact is disputed by the applicant. However, the fact remains that this is the prosecution case. The statement of the complainant goes to show that there was payment of Rs. 20,000/- to the applicant, so also the applicant was demanding more money. In the circumstances of the case, as it is submitted that the matter has been 3 committed to the Sessions Court, it will not be possible to grant bail at this stage. The trial can be expedited. If the same does not commence within a period of three months from today, liberty is granted tot he applicant to move for bail. The trial court is directed to expedite the matter. Application is rejected. The above observations are in prima facie view of the matter and the same shall not influence the trial Judge while deciding the matter on merits. JUDGE Rvjalit