Lalit Purushottam Shewale v. The State Of Maharashtra

Dusane 1/2 1 ba 684.2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.684 OF 2019 Mr. Lalit Purushottam Shewale ....

Applicant Vs.

The State of Maharashtra ....

Respondent Mr. Abhishek Yende for the Applicant.

Mr. S.R. Agarkar, APP for the State.

Coram : Smt. Sadhana S. Jadhav, J.

Date : 3rd April 2019 P.C.:

This is a subsequent application seeking enlargement on bail. The earlier application was rejected on 31st January 2018 whereby after arguing the matter at length, the learned counsel for the applicant had withdrawn the application under Section 439 of Cr.P.C.

The present application seems to be filed only on the ground that there is a delay in commencement of the trial and the proceedings being adjourned. The applicant is in custody since 17th February 2016.

Dusane 2/2 1 ba 684.2019.doc Learned counsel for the applicant has also shown the order dated 11th March 2019 wherein the learned Sessions Judge has given an adjournment for calling the report of the Handwriting Expert in the midst of the trial while the first witness was in the witness box. Learned counsel submits that there are number of witnesses to be examined and therefore prays for bail. However, since the application was allowed to be withdrawn only when the Court was not inclined to grant bail, there is no reason to grant bail in the midst of the trial.

However, the Sessions Judge, Malegaon is hereby directed to complete recording of the evidence on/or before 31st January 2020 without granting unwarranted adjournments to the prosecution. The learned Sessions Judge shall consider the fact that the applicant is in custody since 17th February 2016. In view of this, the application stands rejected with the above stated directions. ( Smt. Sadhana S. Jadhav, J)