1 Cri Appln 3681-10 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3681 OF 2010 Dhananjay Pandurang Farne ..Applicant V/s. The State of Maharashtra ..Respondent Mr.Umesh Mankapure, Advocate, for the Applicant Mrs.S.D.Shinde, APP, for the Respondent - State CORAM : R.C.CHAVAN, J. DATE : 27TH AUGUST, 2010 P.C. . The Applicant, who is alleged to have participated in an assault which led to death of one Dhanaji Sampatrao Patil claims his enlargement on bail amongst others on the ground that all the four accused, who were involved in the assault along with him have been admitted to bail. As rightly pointed out by the learned APP, four accused who were admitted to bail were alleged to have beaten the victim with fists and kicks whereas the 2 Cri Appln 3681-10 Applicant is alleged to have hit the victim with bamboo stick. 2. The learned Counsel for the Applicant next submitted that the incident allegedly took place just in front of the house of the victim. There were members of the victim's family in the house. Yet none appears to have seen the incident. He states that one Shahaji Tanaji Patil victim's cousin as also Sunilkumar Patil are stated to have seen the incident. Both did nothing and went their own way. They even did not disclose the incident to the Victim's brother  Complainant immediately after the incident. They informed about the incident only on the next morning. Before that Complainant, who had gone to the spot found his brother lying dead in front of the house at 00.30 hours. Therefore, the learned Counsel for the Applicant questioned if such witnesses could be believed. This, as rightly pointed out by the learned APP, is in 3 Cri Appln 3681-10 the realm of appreciation of evidence and can not be undertaken now, since the Applicant is involved in the attack on the victim with bamboo stick and fists and kicks. Criminal Application is rejected. 3. The learned Trial Judge would endeavour to dispose of the case as early as possible and preferably within a period of six months since the Applicant is in jail for almost ten months now. (R.C.CHAVAN, J.)