Satrohan Dashrath Saha v. State Of Maharashtra

2023:BHC-AS:24165 Darshan Patil 22.BA.648-23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.648 OF 2023 SATROHAN DASHRATH SAHA ..APPLICANT VS.

THE STATE OF MAHARASHTRA ..RESPONDENT ------------ Adv. S.S. Panchpor a/w Adv. Mayur Jadhav a/w Adv. G. Tamboli a/w Adv. S.S. Natu for the Applicant. Ms. Veera Shinde, APP for the State.

------------ CORAM : M. S. KARNIK, J.

DATE : AUGUST 24, 2023.

P.C. :

1.

Heard learned counsel for the applicant and learned APP for the State.

2.

This is an application for bail by the applicant in connection with First Information Report No.34 of 2021 dated 19/02/2021, registered with Vadner Bhairav Police Station, District- Nashik, for the offence punishable under Sections 302 of the Indian Penal Code, 1860.

3.

I am informed that the charges are framed by the trial Court. It is the case of the first informant/wife of the applicant that in a fit of rage, the applicant threw the 8 1/2

Darshan Patil 22.BA.648-23.doc months old child on the floor. The child died due to head injury. The perusal of the order of the Sessions Court indicates that the first informant has now taken a stand that the death of the child was accidental.

4.

In view of the statements recorded under Sections 161 and 164 of the Code of Criminal Procedure, 1973, I am not inclined to enlarge the applicant on bail at this distance of time. However, as the charge is framed by the trial Court and only seven witnesses are to be examined, liberty is granted to the applicant to apply afresh for bail after six months, if the trial does not proceed substantially. 5.

The application stands disposed of in the above terms. 6.

The trial Court is requested to expedite the trial. (M. S. KARNIK, J.) 2/2