Pandurang Mahadev Mali v. The State Of Maharashtra

Tilak 1/2 (4)BA-318-15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.318 OF 2015 Pandurang Mahadev Mali .. Applicant

Versus

The State of Maharashtra .. Respondent --- Mr.Mahesh Rawool, Advocate for the applicant. Mr.Prashant Patil, Advocate for the original complainant. Mrs.S.V.Gajare, APP for the Respondent State. --- CORAM : ABHAY M. THIPSAY, J.

DATED : 17th APRIL, 2015 --- P.C. :

Heard Mr.Mahesh Rawool, learned counsel for the applicant. Heard Mrs.S.V.Gajare, learned APP for the State. This being a second application for bail made by the applicant before this Court, primarily on the ground of delay in disposal of the case, a report was called for from the trial court as to the state of trial and the approximate time required to complete it. In this context, it is submitted by the learned APP that the entire evidence of the prosecution has already been adduced and the case has been kept on 21st April 2015 for examination of the accused persons. It is submitted that the trial is likely to be concluded by 30th April 2015 as per the directions given by this

Tilak 2/2 (4)BA-318-15 Court while dealing with the Bail Application filed by a co-accused in the same case.

I have gone through the report received from the learned Addl. Sessions Judge. The report is not proper. This Court had categorically asked the learned Judge as to what was the state of the trial and the estimate of the learned Judge about the approximate time required to complete the trial. These aspects have not at all been touched by the learned Addl. Sessions Judge. The letter received from him is only in the nature of certifying the writ issued by this Court. This is not proper and the displeasure of this Court in that regard, be communicated to the learned Addl. Sessions Judge who may be requested to explain why the specific query raised by this Court, was not answered by him. The fact, however, remains that when the trial is likely to be over shortly, it would not be proper to release the applicant on bail.

Application is rejected.

Liberty to the applicant to apply afresh for bail in the event of the trial not concluding by 30th April 2015. (ABHAY M.THIPSAY, J)