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Bombay High CourtBA/890/2022disposed off

Akshay Anil Walode v. State Of Maharashtra

2022-09-12Hon'Ble Smt. Justice Bharati Dangre2 pages

1/2 53 BA 890-22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 890 OF 2022 Akshay Anil Walode ..

Applicant

Versus

The State of Maharashtra ..

Respondent ...

Mr. Ramesh Tripathi and Anand M. Pandey, A.N. Upadhyay, Subham Mishra, Kshitij Chalke, Sagar Nikambe, Pankaj thakur i/b Ramesh Tripathi & Associates for the applicant. Mr. S.H. Yadav, APP for the State.

CORAM: BHARATI DANGRE, J.

DATED : 12th SEPTEMBER, 2022 P.C:- On expressing my disinclination to entertain the application, in the wake of the circumstantial evidence compiled in the charge-sheet, which indict the applicant, the learned counsel for applicant seek permission to withdraw the application.

Permission is granted.

2.

The counsel for the applicant is perfectly justified in submitting that he came to be arrested on 6/09/2017, and till date even charge is not framed.

3.

It is really unfortunate that for last five years, the Learned Sessions Judge, Kalyan has not even bothered to take steps to frame the charge. I would have called for the report but considering and accepting the response that the entire nation was grappling with Covid-19 for last two years, the trials are stagnated. I deem it appropriate to request the Learned Sessions Judge, Kalyan to frame Ashish Mhaske

2/2 53 BA 890-22.doc charge within period of 6 months and conclude the trial within a period of 1 year, thereafter.

4.

In case if the trial is not concluded as directed the applicant is at liberty to seek his release on bail on the ground of his long incarceration, as I have permitted withdrawal of the application considering the incriminating material against him in the chargesheet. 5.

Application is disposed off as withdrawn.

( SMT. BHARATI DANGRE, J.) Ashish Mhaske