1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 3631/2009 [Pankaj @ Pinku s/o Rajendra Marwe 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. R N Khare, Adv.for applicant Mr. K S Dhote, APP for Respondent .......... CORAM : A.P.BHANGALE, J. DATED : JANUARY 14, 2010. Heard submissions at the Bar. 2. The applicant prays for grant of bail in connection with Crime No. 305/2009 for offence punishable under sections 302 read with sec. 201 of the IPC, reported at Hinghanghat Police Station. The case of the proseuction is that one Pankaj Devtare lodged a complaint regarding the incident occurred on 1.8.2009 at about 9.00 p.m. According to first informant, when he was driving the motorcycle with Khushal Patil as pilllion rider, they were accosted by the applicant. The applicant had abused Khushal Patil and had started assaulting him, while asking the first informant not to talk and to keep away. Even the mother of the accused had asked her not to assault and leave Khushal Patil but he had lifted a big stone from the road side and hurled it on the head of Khushal Patil. As a result, the deceased sustained heady injury and 2 died instantenously. Learned Advocate for the applicant states that at the most the applicant may be convicted for culpable homicide not amounting to murder. 3. Learned APP however did not agree with this submission on the ground that big stone was used for the purpose of assaulting the deceased on the vital part of the body i.e.head. The cause of death was mentioned as due to head injury – lacerated wound over scalp on left side near temporal hair line 5 x 2 cm. extending towards backwards with contusion underlying it; blood clot was present under temporal skull bone. 4. Under these circumstances, considering the head injury which was the cause of death, prima facie, the applicant was involved in a serious crime. Hence I am not inclined to release the applicant on bail as the possibility of the applicant trying to tamper with the prosecution evidence can not be ruled out. Application is rejected. However,the trial Court is expected to expedite the trial as expeditiously as possible. JUDGE sahare