Karan Vishnu Jalpur v. The State Of Maharashtra

Osk 904-BA-567-2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 567 OF 2020 Karan Vishnu Jalpur ... Applicant V/s.

The State of Maharashtra ... Respondent Mr.Nitin Sejpal for Applicant.

Mrs.Veera Shinde, A.P.P. for Respondent-State. PSI Mr.G.B. Vishe, Ulhasnagar Police Station is present. CORAM : A.S. GADKARI, J.

DATE : 7th April 2022.

P.C. :

1.

After hearing the learned counsel for the Applicant at length, when this Court was not inclined to grant bail to the Applicant, the learned counsel on instructions seeks leave to withdraw present application with liberty to file a fresh application for bail, if trial arising out of C.R. No. I-347 of 2016 registered with Ulhasnagar Police Station, District Thane, now culminated into MCOC Special Case No. 22 of 2017 pending on the file of learned Special Judge at Thane, does not conclude within a period of one year from today.

Leave and liberty granted.

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Osk 904-BA-567-2020.odt 2.

It is pointed out to this Court that, the Applicant was earlier arrested in the said crime on 14th August 2016 and was released on bail on 10th November 2016. That, the provisions of MCOC Act are thereafter applied to the said crime on 16th May 2017 and the Applicant was again re-arrested on 21st March 2019. That the Applicant is in jail since 21st March 2019, after application of the provisions of MCOC Act.

3.

As the Applicant is in jail for more than three years, the learned Special Judge seized of MCOC Special Case No.22 of 2017 at Thane is hereby requested to expedite the hearing of the said case and to make an endeavour to conclude the same within a period of one year from the date of receipt of the present Order.

4.

This direction is issued after taking into consideration the fact that, as per the list of of witnesses annexed to the Chargeshseet, there are 37 witnesses cited by the prosecution to be examined during the trial. Today, the learned A.P.P. on instructions, submitted that, the prosecution may examine about 25 witnesses in support of its case.

5.

Application is dismissed as withdrawn with aforesaid directions. [A.S. GADKARI, J.] by OMKAR SHIVAHAR KUMBHAKARN Date:

2022.04.11 18:52:35 +0530 OMKAR SHIVAHAR KUMBHAKARN 2/2