BA-725-11.sxw 1 Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.725 OF 2011 Sunil Gauri Shankar Kharwar ... Applicant V/s. The State of Maharashtra, Thru' Oshiwara Police Station ... Respondent Mr. K.M. Tripathi for the Applicant. Mrs. R.V. Newton, APP, for the Respondent. CORAM:- A.M. THIPSAY, J. DATED :- 13 TH JULY, 2011. P.C. : 1. Heard. 2. I have gone through the Bail Application and the copy of the Charge-Sheet that is annexed to the Bail Application. 3. The Applicant has been identified as one of the assailants in the Test Identification Parade that was held in the course of investigation. The weapon of assault is also said to have been recovered at the instance of the Applicant. Additionally, it is submitted that stains of blood were noticed on the clothes of the Applicant, which were seized in the course of investigation, and that the group of the blood found on the clothes of the Applicant matches with that of the deceased. 4. Under the circumstances, it is not possible to hold that there exists no prima facie case against the Applicant. The probative value of the identification and of the alleged recovery cannot be decided at this stage. BA-725-11.sxw 2 Dixit 5. In the circumstances, the proper course would be to expedite the trial. The prayer for bail can be considered, if the trial is not over within the stipulated period. 6. The Bail Application is rejected. 7. However, the trial Court is directed to expedite the trial and complete it within a period of four months from the date of receipt of this order. 8. Liberty to the Applicant to apply afresh for bail, should the trial be not over within that time. [A.M. THIPSAY, J.]