Amol @ Avikumar Dhondiram Dhule v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.567 OF 2022 Amol @ Avikumar Dhondiram Dhule ..... Applicant

Versus

The State of Maharashtra .... Respondent ----- Dr. Nilesh Pawaskar, Advocate i/b. Sudha Dwivedi, Irfan Khan, for the Applicant.

Mr. S.H. Yadav, APP for the Respondent-State. Mr. Mithilesh Mishra, Advocate for the Intervenor. Mr. Vijay Chaure, PI, E.O.W., is present.

----- CORAM :SARANG V. KOTWAL, J.

DATE : 11th APRIL, 2022 [IN CHAMBER AT 4:30 P.M.] P.C. :

1.

The Applicant had earlier approached this Court vide Criminal Bail Application (Stamp) No.1614/2020. This Court on 11.9.2020 had passed the following order :

"1. After arguing for some time when I expressed my disinclination to grant relief, learned counsel for the Applicant prays for withdrawal of the application with liberty to approach this Court again for the same relief after a reasonable time.

2.

Considering his request, his application is allowed to be withdrawn. The Applicant is permitted to approach this Court again for relief of bail in case his trial does Deshmane

2 / 3 not begin before 31/05/2021.

3.

In case of changed circumstances the Applicant is at liberty to approach this Court even before that day. In the aforesaid terms the application is disposed of. 4.

Interim application does not survive and is disposed of."

2.

I have perused the Rozanama attached to this application. It can be seen that the Applicant has also contributed to the trial not having commenced. The other reason which could be seen from the Rozanama is because of spread of COVID-19 pandemic and imposition of lockdown, the trials were affected. On both these counts, it appears that the trial did not start before 31.5.2021 which was the date mentioned in the order dated 11.9.2020.

3.

Considering the earlier order, the directions can be issued to the trial Court to complete the trial within a time bound manner. When I expressed my inclination to make the trial time bound, learned counsel for the Applicant did not press this application for bail on merits. He prays for withdrawal of this application with such directions. Hence the following order :

3 / 3 :: O R D E R ::

i.

The application is allowed to be withdrawn.

ii. The trial Court is directed to take up the trial in the present case at the earliest and complete it on or before 31.12.2022.

iii. It is made clear that neither the Applicant nor the prosecution shall take unnecessary adjournments and both the sides shall cooperate in completion of the trial before that date.

iv. With these observations, the application is disposed of. (SARANG V. KOTWAL, J.) by PRADIPKUMAR PRAKASHRAO DESHMANE Date:

2022.04.12 11:07:49 +0530 PRADIPKUMAR PRAKASHRAO DESHMANE