Ajay Tulshiram Patil And ORS v. The State Of Maharashtra
by SATISH RAMCHANDRA SANGAR Date:
2023.03.29 10:37:34 +0530 SATISH RAMCHANDRA SANGAR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1865 OF 2022 Tulsiram Bala Patil ...Applicant vs.
The State of Maharashtra
...Respondent
WITH INTERIM APPLICATION NO. 633 OF 2023 IN CRIMINAL BAIL APPLICATION NO. 1865 OF 2022 Ranjana Krushna Patil ...Applicant vs.
The State of Maharashtra
...Respondent
WITH CRIMINAL BAIL APPLICATION NO. 178 OF 2023 Ajay Tulshiram Patil and Ors.
...Applicants vs.
The State of Maharashtra
...Respondent
***** Mr.Dheeraj Panchange - Advocate for Applicant in BA No.1865 of 2022.
Mr.Priyal Sarda - Advocate for Applicant in IA No. 633 of 2023. Mr.Shantanu Phanse a/w Mr.Nilesh Navale - Advocate for Applicant in BA No. 178 of 2023.
Mr.H.J.Dedhia - APP for the Respondent-State. ***** CORAM :
S. M. MODAK, J.
DATE :
23rd MARCH, 2023 1/3
P. C. :- CRIMINAL BAIL APPLICATION NO. 1865 OF 2022 1.
Seen the affidavit filed by Senior Police Inspector - Bhivandi Taluka Police Station wherein he has reiterated that only three witnesses remained to be examined. Learned Advocate for both these Applicants made all the submissions in order to convince this Court to grant bail on the basis of rule of parity. Because, this Court has granted bail to Co-accused for not finishing the trial. 2.
When this Court is inclined to issue directions to the trial Court to finish the trial within a particular period, learned Advocate Shri.Dheeraj Panchange invited my attention to last order dated 16th March, 2023. Learned Advocate for the Applicant wants to argue the matter on merits. At this time, i.e. 5.58 p.m., it is difficult to hear him.
3.
Hence, matter be kept on 10th April, 2023 as "part heard". CRIMINAL BAIL APPLICATION NO. 178 OF 2023 4.
Read the affidavit filed by Senior Police Inspector - Bhivandi Taluka Police Station. Only three witnesses remained to be examined. When this Court has granted bail to Co-accused Gurunath Mhatre, it was submitted that only 18 witnesses were examined and 2/3
approximately 27 witnesses were yet to be examined. Considering this circumstance, the Applicant therein was granted bail as per the order dated 2nd March, 2023 passed in Bail Application No. 1565 of 2020. But now, it is clarified that only three witnesses are to be examined and this Court has verified this fact after insisting for filing of an affidavit by Respondent's Police Officer. It is filed today. Now, only three witnesses remained to be examined. So, I do not think that the benefit granted to the Applicant Gurunath can be granted to the present Applicant.
5.
Learned Advocate for the First-Informant submitted that whenever the trial Court is adjourning the matter, the matter is posted after three-four days and he read over certain roznamas. So, I think the trial will be over within 6 months. In view of that, Applicant is granted liberty to move this Court for bail if trial will not be over within 6 months from today.
6.
According, the Application is disposed of.
[S. M. MODAK, J.] 3/3