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Bombay High CourtBA/198/2015others disposed off

Chetan Bharat Ingale v. The State Of Maharashtra

2015-03-04Hon'Ble Smt. Justice S.S. Jadhav2 pages

1 903.198.15 ba

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE SIDE JURISDICTION CRIMINAL BAIL APPLICATION NO. 198 OF 2015 Chetan Bharat Ingale .....Applicant V/s.

The State of Maharashtra ....Respondent Mr. Paras Yadav Advocate appointed for Applicant Ms. P. P. Shinde APP for the State.

CORAM : SMT. SADHANA S. JADHAV, J.

DATED : MARCH 4, 2015 PC :

1) Heard. This is an application filed through jail. Applicant herein is lodged in District Prison at Solapur. He is praying for bail in sessions Case No. 46 of 2012, wherein he is being prosecuted under section 376 (g) of Indian Penal Code. This Court had requested learned counsel Shri. Paras Yadav to espouse the cause of the applicant. He has efficiently put in best of efforts. Learned counsel appointed for the applicant submits that applicant herein was arrested on 15/05/2012. On 06/02/2013, learned Sessions Judge seized with the matter had examined two witnesses who were panchas of the case. Thereafter, on 11/07/2013, another witness was examined. However, Court is vacant and therefore, matter is being adjourned from the last ism

2 903.198.15 ba scheduled date. Learned counsel appointed for the applicant submits that applicant is being incarcerated due to delay in concluding the trial. According to learned counsel, it would amount to punitive detention and therefore, learned counsel prays for bail. Learned APP submits that as on today, Court is vacant.

2) However, taking into consideration the fact that application is made in the midst of trial and that it prima facie appears that complainant is yet to be examined. In view of this, applicant does not deserve grant of bail. Learned counsel appointed for the applicant has put in best of efforts. This Court appreciates the efforts taken by learned counsel. His professional fees are quantified to the tune of Rs. 1500/- to be paid to him within three months. 3) Application stands rejected. Applicant be informed through office. (SMT. SADHANA S. JADHAV, J.) ism