Prabhavati Kallappa Naik v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 272 OF 2020 Prabhavati Kallappa Naik ...Applicant

Versus

State of Maharashtra

...Respondent

Mr. Silvin Y. Kale for the Applicant.

Mr. P.H.Gaikwad, A.P.P for the Respondent-State. CORAM : REVATI MOHITE DERE, J.

DATE : 25 th FEBRUARY, 2021 P.C. :

1.

This is the second application preferred by the applicant seeking her enlargement on bail.

2.

The first application of the applicant was rejected on merits vide order dated 23/07/2019. Whilst rejecting the application, this Court (Coram : Revati Mohite Dere, J) had expedited the trial of the applicant. Learned Counsel for the applicant submitted that despite expediting the trial, the trial of the applicant has not commenced. He submits that the applicant is in custody for about 41⁄2 years. Learned Counsel for the applicant has placed on record a certified copy of the Roznama of the Sessions Court in Case No. 204 of 2017.

1/3

3.

Learned APP has no objection if the trial, which is expedited, is made time bound. Learned APP also assures to ensure that all the accused in the said case will be produced physically or through Video Conferencing as may be directed by the Trial Court.

4.

Since this Court is inclined to make the trial time bound, learned Counsel for the applicant does not press this application at this stage. He, however, seeks liberty to file a fresh application, in the event, the trial does not conclude within a reasonable time. 5.

Since the trial of the applicant has already been expedited vide order dated 23/07/2019 passed in the applicant's Bail Application No. 1566 of 2019 and since the applicant is in custody for about 4 1⁄2 years, it would be appropriate to direct the learned Judge to conclude the trial as expeditiously as possible and in any event, within twelve months from the date of receipt of this order. The aforesaid order to be placed before the learned Judge seized of the said case.

6.

Liberty is granted to the applicant to renew her prayer for bail if the trial does not conclude within the said period, for no fault of hers. 2/3

7.

Accordingly, the application is disposed of.

8.

All concerned to act on the authenticated copy of this order. REVATI MOHITE DERE, J.

3/3