Haresh Prem Sarwan v. The State Of Maharashtra

1 1-BA-1974-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

SATISH RAMCHANDRA SANGAR CRIMINAL APPELLATE JURISDICTION SATISH RAMCHANDRA SANGAR Date: 2022.10.12 15:25:11 +0530 BAIL APPLICATION NO. 1974 OF 2021 Haresh Prem Sarwan ... Applicant Vs.

The State of Maharashtra ... Respondent ALONG WITH INTERIM APPLICATION NO. 2178 OF 2021 IN BAIL APPLICATION NO. 1974 OF 2021 Pramod Devatram Goel ... Applicant Vs.

The State of Maharashtra & Anr.

... Respondents ALONG WITH INTERIM APPLICATION NO. 382 OF 2022 IN BAIL APPLICATION NO. 1974 OF 2021 Haresh Prem Sarwan ... Applicant Vs.

The State of Maharashtra ... Respondent Mr.Ashok M. Saraogi for Applicant in Bail Application No.1974 of 2021 and Interim Application No.382 of 2022.

Mr.Nitin Sejpal a/w Ms.Akshata B. Desai for Applicant in Interim Application No.2178 of 2021.

Ms.A.A.Takalkar - APP for State.

2 1-BA-1974-2021.odt CORAM :

BHARATI DANGRE, J.

DATE :

5TH SEPTEMBER, 2022 P.C. :- 1.

On expressing my disinclination to entertain the Application, the learned Counsel Mr.Saraogi seek permission to withdraw the same.

Mr.Saraogi states that the Applicant was arrested on 13/12/2019 and though charge-sheet has been filed on 7/2/2022, till date charge is not framed.

Learned APP states that the Accused No.1 is absconding and therefore, charge has not been framed.

2.

The Prosecution need not be told that if one of the accused is absconding, what steps it is expected to take. Merely because of the non availability of one of the accused for trial, the present Applicant cannot be kept incarcerated indefinitely and it is almost three years that he is detained.

The JMFC is requested to frame the charge against the present Applicant within a period of three months from today and make every endeavour to conclude the trial within a period of one year thereafter.

3 1-BA-1974-2021.odt 3.

With these directions, the Bail Application as well as the Interim Application are disposed of.

(BHARATI DANGRE, J.)