BA-1076-11.sxw 1 Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1076 OF 2011 Dinesh Sachchaprasad Jaiswal & Anr. ... Applicants V/s. The State of Maharashtra & Anr. ... Respondents Mr. R.V. Gupta for the Applicants. Mr. K.V. Saste, APP, for the Respondents. CORAM:- A.M. THIPSAY, J. DATED :- 9 TH AUGUST, 2011. P.C. : 1. Heard. 2. I have gone through the Bail Application and the annexures thereto. 3. Mr. Gupta, the learned Advocate for the Applicants, submits that, initially, the victim had given the history of the burn injuries sustained by her as accidental. He also submits that the F.I.R. came to be lodged after 12 days. In the facts and circumstances, I am not inclined to give much importance to these aspects. It does appear to me that a prima facie case exists against the Applicants. 4. However, I find that the Applicants are in custody since October, 2010. Moreover, Mr. Gupta, the learned Advocate for the Applicants, states that the recording of evidence has commenced and the evidence of PW-1 Lalchand, i.e. BA-1076-11.sxw 2 Dixit the First Informant, has already been recorded, and that the said witness has not supported the case of the prosecution. He also submits that his evidence was recorded about 3½ months back and thereafter the matter is being adjourned by the learned Magistrate from time to time. 5. Mr. Gupta, the learned Advocate for the Applicants, states that his statement to that effect may be recorded in this order. 6. If this is true, the learned Magistrate should have considered the release of the Applicants on bail by virtue of the provisions of Section 437(6) of the Code of Criminal Procedure. 7. Considering all the relevant aspects of the matter, I am inclined to release the Applicants on bail. 8. The Bail Application is allowed. 9. The Applicants are ordered to be released on bail in the sum of Rs. 20,000/- each, with one surety in like amount. 10. The learned Magistrate shall expedite the trial and endeavour to complete it within a period of six months from the date of receipt of this order. [A.M. THIPSAY, J.]