Amrut Shambuji Patil v. State Of Maharashtra

2023:BHC-AS:26358 Darshan Patil 923.ba.385-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.385 OF 2023 AMRUT SHAMBUJI PATIL ..APPLICANT VS.

THE STATE OF MAHARASHTRA ..RESPONDENT ------------ Mr. Mainuddin I. Mulla for the applicant.

Ms. Veera Shinde, APP for the State.

------------ CORAM : M. S. KARNIK, J.

DATE : SEPTEMBER 8, 2023.

P.C. :

1.

Heard learned counsel for the applicant and learned APP for the State.

2.

By this application, the applicant seeks his enlargement on bail in connection with C.R. No. 270 of 2017 registered with the Sangli Police Station, for the alleged offences punishable under Sections 302, 364, 201 r/w 34 of the Indian Penal Code.

3.

Learned counsel for the applicant in all fairness invited my attention to the order dated 04/10/2021 passed by this Court in Bail Application No. 1696 of 2021 in respect of coaccused Nitin Subhash Jadhav. The application for bail was rejected on merits and the trial was, however, expedited 1/2

Darshan Patil 923.ba.385-23.odt and directions were issued to conclude the trial as expeditiously as possible in any event, within 9 months from the date of receipt of the order. The said period is already over. The applicant is the main accused. 4.

In view of the order dated 04/10/2021 and considering the accusations against the applicant who is the main accused, I am inclined to dismiss the present application on merits. However, considering that this Court had already expedited the trial by order dated 04/10/2021, in the interest of justice and considering that 13 witnesses remain to be examined, a request is made to the trial Court to conclude the trial expeditiously and in any case within a period of 6 months from today as the applicant has been in custody almost for 7 years. It is open for the trial Court to proceed on day to day basis if it feels appropriate. The prosecution and the applicant to cooperate with the trial Court.

5.

In case the trial is not concluded within the stipulated period, the applicant is at liberty to apply for bail. 6.

The application is disposed of in the above terms. (M. S. KARNIK, J.) 2/2