IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No.975 OF 2008 CRIMINAL APPLICATION No.975 OF 2008 CRIMINAL APPLICATION No.975 OF 2008 Balasaheb Bhikaji Shinde ..Applicant. Vs. The State of Maharashtra ..Respondent. Mr S. K. Shinde, i/b Sagar Kasar, Advocate for the Applicant. Ms M. H. Mhatre, A.P.P. for the State. CORAM: V.C. DAGA,J. CORAM: V.C. DAGA,J. CORAM: V.C. DAGA,J. DATED: 28.4.2008. DATED: 28.4.2008. DATED: 28.4.2008. P P P.C. C. C. 1. Heard learned counsel for the applicant and the learned APP for the State. 2. Perused the application and the material available on record. 3. The applicant has moved the present application after having suffered adverse order at the hand of the learned Ad-hoc Additional Sessions Judge, Nashik dated 13.09.2007, in C.R.No.497 of 2007 registered with Nashik Road Police Station, Nashik for the offence punishable under Sections 302, 307, 143, 147, 148, 149 of the I.P.C. read with Section 135 of the Bombay Police Act, wherein the learned Judge has observed, as under: 6. " It reveals from the copy of the complaint that name of the applicant no.1 is mentioned in the complaint. 7. Applicant-accused went on the spot by rickshaw bearing No.MH-15-J-5630, where specific name of applicant no.1 is mentioned in the complaint. 8. Persons who went on the spot were having stick, knife, chain and they have beat Santosh brutally, who was found in the pool of blood. 9. Taking into consideration the seriousness of the offence committed in the vicinity, I am of the opinion that the applicants are not entitled for bail. 10. Moreover some of the accused persons are still absconding." 4. If the aforesaid material is translated in the form of legal evidence during trial then possibility of conviction is not remote. In this view of the matter, the application is rejected for the reasons recorded herein together with the reasons recorded by the learned Ad hoc Additional Sessions Judge-I, Nashik in his order dated 13.09.2007 with which I concur and affirm. 5. In the result, the present application stands rejected.However,the Trial may be treated as"Expedited". 6. Any observation made in this order shall not be construed as any finding or any expression of opinion on the merits of the case at the time of trial. (V.C.DAGA,J) (V.C.DAGA,J) (V.C.DAGA,J)