IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION NO. 1663/2009 [Dadarao Haridas Indurkar ..vs. State of Mah.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : S.R.DONGAONKAR, J. DATE : 12 th JUNE, 2009 Heard Shri Bhat, Advocate, for the applicant and Shri Sonare, APP, for respondent. By this application under Section 439 of Cr.P.C., the applicant is claiming bail. He is being prosecuted for the offence under Sections 341, 342, 394, 364, 328, 286, 302, 120B r/w Section 34 of I.P.C. The allegations against the applicant are serious. He was caught on the spot by the public. The statement of eye witness Vasant Shinde ex-facie incriminates the accused/applicant. Learned counsel for the applicant has specifically relied on order of this Court in Misc. Criminal Application No. 3672/2008, dated 30th March, 2009,by which other accused Anil Patwardhan was released on bail. The relevant observations in the said case are that, “The learned A.P.P has made available for my perusal a memorandum under Section 27 of the Indian Evidence Act which shows that Anil Patwardhan showed the police a petrol pump from which the accused purchased the petrol. Considering the nature of evidence which police have collected, the applicant be released on bail on his furnishing P.R. Bond of Rs.50,000/- with a solvent surety in the like amount” It appears that, considering the nature of the evidence the police had collected against that applicant, the applicant was released. Here is the case, where the applicant’s implication is apparent from the statement of the guard, he was caught on the spot. Considering the allegations and these circumstances, it is not possible to release the applicant on bail, though the other accused seems to have been released on bail, as it appears that the said applicant Anil was also caught from the spot, but that ground was not pressed in the said application. In these circumstances, this application needs to be rejected. The same is rejected, however, with a liberty to move afresh for bail if the trial does not commence within three months from today. Learned trial Judge is already directed to dispose of trial by the order dated 30th March, 2009. It is directed further that if the trial is not commenced so far, the trial Judge should take appropriate steps immediately and proceed with the trial at the earliest. Application disposed of. It is made clear that the above observations are in prima facie view of the matter and the same shall not influence the trial Judge in any way while deciding the matter on merits. JUDGE Rvjalit