Babu Narottam Rajput v. The State Of Maharashtra

ssm 1 32-ba445.18.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 445 OF 2018 Babu Narottam Rajput ....Applicant.

Vs.

The State of Maharashtra ....Respondent.

Mr. Kunal Ambulkar, Amicus Curiae for the Applicant. Mr. S.S. Hulke APP, for the Respondent-State. CORAM : A. S. GADKARI, J.

DATE : 5th JULY, 2018.

P.C.:- Heard Mr. Ambulkar, the learned amicus curiea for the Applicant at length and the learned APP. Perused the record. This is an Application received through Jail for bail in CR No.13 of 2015 under Section 307 read with Section 34 of the Indian Penal Code registered with Malvani Police Station, now culminated into Sessions Case No. 99 of 2015 pending on the file of the learned Additional Sessions Judge, Dindoshi, Mumbai.

The Applicant in the present crime is arrested on 8th January 2015 and since then he is in jail. The other two co-accused persons have been released on bail by the Trial Court. However, after taking into consideration the injuries suffered by the victim/the first informant, this Court is not inclined to release the Applicant on bail. 1/2

ssm 2 32-ba445.18.sxw The learned amicus curiae, submitted that, the Applicant is arrested on 8th January 2015 and the charge in the present case is framed on 13th July 2015, however till date, no witnesses have been examined by the Trial Court.

As the Applicant is in jail since 8th January 2015 and the Trial Court has already framed charge on 13th July, 2015, the learned Additional Sessions Judge, seized of Session case No. 99 of 2015, arising out of CR No. 13 of 2015, registered with Malvani Police Station, Mumbai, is hereby directed to make an endeavour to conclude the trial of the aforesaid case on or before 31st December 2018.

Application is disposed of, with the aforesaid directions. The Legal Aid Committee is hereby directed to pay a fee of Rs.3,000/- (Rupees Three Thousand only) towards professional charges to the learned amicus curiae. The said fees be paid within three weeks from the date of receipt of this order.

All the concerned to act on the basis of an authenticated copy of this order.

Registry is directed to communicate the copy of the present order to the Applicant, who is presently lodged in Thane Central Prison. (A.S. GADKARI, J.) 2/2