Narendra Narayan Advilkar v. State Of Maharashtra

ssm 1 1-ba581.23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 581 OF 2023 Narendra Narayan Advilkar .....Applicant Vs.

State Of Maharashtra .....Respondent Mr. Vinod Kashid for the Applicant.

Mr. Ajay Patil APP, for the Respondent-State. CORAM : A. S. GADKARI, J.

DATE : 13th APRIL, 2023.

P.C.:- 1) In pursuance of Order dated 30th March, 2023, the learned District Judge-3 and Additional Sessions Judge, Kalyan has forwarded its report dated 13th April, 2023 through proper channel. 2) Perusal of the said report indicates that, despite this Court has directed the trial Court to make an endeavour to conclude the said trial within a period one year from February, 2021, the trial of the present case is proceeding at a snail's pace.

3) Learned Advocate for the Applicant submitted that, in last about 2 years the prosecution has examined only 4 witnesses. 4) The request of the learned trial Court for granting six months extension cannot be considered in view of the Order dated 17th February, 2021 by which the Application for bail of the Applicant has been rejected by 1/2

ssm 2 1-ba581.23.doc this Court, expediting the trial.

5) In view of the above, learned District Judge-3 and Additional Sessions Judge, Kalyan seized of Sessions Case No.229 of 2018 is directed to conduct the trial of the said case on day-to-day basis and to conclude the same within a period of 3 months from the date of receipt of present Order. 6) In view of the above, learned counsel for the Applicant seeks leave to withdraw present Application with liberty to file a fresh Application for bail before the trial Court, if the trial of Sessions case No.229 of 2018 pending on the file of learned District Judge-3 and Additional Sessions Judge, Kalyan does not conclude within a period of three months from the date of receipt of present Order.

Leave and liberty granted.

7) Application is disposed off as withdrawn with aforesaid liberty. 8) Registrar (Judicial-II) is directed to communicate the present Order to the Superintendent of the Court of learned Additional Sessions Judge, Kalyan expeditiously.

(A.S. GADKARI, J.) by SANJIV SHARNAPPA MASHALKAR Date: 2023.04.19 10:53:17 +0530 SANJIV SHARNAPPA MASHALKAR 2/2