BA-1117-11.sxw 1 Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1117 OF 2011 Sijin Gopinath Nair ... Applicant V/s. The State of Maharashtra, Thru’ Vile Parle Police Station, Mumbai ... Respondent Smt. Sushma Nair for the Applicant. Mrs. S.D. Shinde, APP, for the Respondent. CORAM:- A.M. THIPSAY, J. DATED :- 26 TH JULY, 2011. P.C. : 1. Heard. 2. I have gone through the F.I.R. and glanced through the statements recorded during investigation. 3. The Applicant is alleged to have committed offences punishable under Sections 450 IPC, 452 IPC, 393 IPC, 397 IPC and 398 of the IPC read with Section 34 of the IPC. Since the case of the prosecution is that hurt was caused in attempting to commit robbery, the proper charge would be of an offence punishable under Section 394 of the IPC, instead of Section 393 of the IPC. However, since on the facts projected, whether a case of attempt to commit robbery, or having caused hurt in committing robbery and, consequently, a case in respect of offences punishable under Sections 397 IPC and 398 of the IPC, is BA-1117-11.sxw 2 Dixit prima facie, made out, is, certainly, doubtful, I leave the matter at that. In any case, however, the injuries caused to Smt. Minal and Smt. Swati appear to be amounting to ‘grievous hurt’. Thus, the Applicant appears to have committed serious offences, though may not be of robbery, or related thereto. The nature of evidence that is likely to be adduced during the trial appears to be strong. 4. Under these circumstances, when the trial can be expeditiously held, I am not inclined to release the Applicant on bail. It would be appropriate to direct the trial to be expeditiously held. Question of bail can be reconsidered, if the trial is not over within the stipulated time. 5. The Bail Application is rejected. 6. However, the trial Court is directed to expedite the trial and complete it within a period of three months from the date of receipt of this order. 7. Liberty to the Applicant to apply afresh for bail, should the trial be not over within that time. [A.M. THIPSAY, J.]