1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI.APPLICATION NO. 733 OF 2009 Jayprakash Chandrabhan Giri .. Applicant Vs State of Maharashtra .. Respondent Mr. Kuldeep S.Patil, Advocate for the Applicant. Mrs.S.D.Shinde, APP, for the Respondent. CORAM : D.B.BHOSALE, J. DATE : 29/06/2009 PC: 1. Heard learned counsel for the applicant and learned APP for the respondent. 2. The applicant is seeking bail in C.R.No. 134 of 2007 of Nalasopara Police Station, Tahsil-Vasai, Dist-Thane. The said crime has been registered against the applicant and two others for having allegedly committed an offence punishable under sections 302,451, 323,504 read with 34 of IPC. 3. I have perused the FIR. The complainant-Miraj Noor Islam Malik has stated in detail as to how the incident occurred and how the applicant assaulted the deceased-Javed. Specific overt T 2 act is attributed to him. The medical evidence also supports the allegations of the eye-witness. I have perused the post mortem notes so also the injury certificate of the complainant-Miraj Malik. He also sustained few injuries in the incident. In my opinion, this is not a fit case to enlarge the applicant on bail. The application is rejected. However, having regard to the fact that the applicant came to be arrested in April, 2007, trial is expedited. If the trail does not begin within six months from today, liberty to the applicant to apply for bail afresh before this court. While passing this order, I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case uninfluenced by the observations made in this order. (D. B. Bhosale, J.) 3