{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.238 OF 2010 Nischal s/o Pralhad Raut APPLICANT VERSUS The State of Maharashtra RESPONDENT ....... Mr.B.R.Kedar, Advocate for applicant Mrs.Yogita M.Kshirsagar, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 1st February 2010 PER COURT: 1. This is an application by which the applicant has prayed to release him on bail in connection with CR No.43/2009 registered with Jamkhed police station, as though the applicant was released on interim anticipatory bail, yet after rejection of the same he has surrendered on 20.06.2009 and since then is in jail. It is also informed that after completion of the investigation charge sheet has been filed on 30.06.2009. 2. Heard learned counsel for the applicant followed by learned APP. {2} 3. It appears that the alleged incident occurred in the night of 31st March 2009 at about 9.00 p.m. in front of a road of Bhagyalaxmi theater situated on Jamkhed-Beed road. Role attributed to the applicant is that the applicant has given a blow of a wooden log to the deceased. The wooden log is recovered at the instance of the applicant. The allegations against the applicant are further corroborated by the statements of 3 eye witnesses. No doubt, it was the free fight between two groups, but the party, of which the applicant was the member, was an aggressive party during the fighting in which the deceased sustained grievous injuries. It has to bear in mind that all the other accused other than one female accused are in jail. Considering this aspect and the way and manner in which the incident occurred, I do not feel it safe to allow the application though charge sheet is filed. In the result, the application, which is sans merits stands rejected. The applicant is at liberty to apply for expeditious hearing of the trial before the trial court. [A.V.POTDAR, J.] drp/A10/criapln238-10