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Bombay High CourtBA/604/2018others disposed off

Raju Dattu Jagtap v. The State Of Maharashtra

2018-06-06Hon'Ble Smt. Justice S.S. Jadhav3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.604 OF 2018 Raju Dattu Jagtap ....

Applicant Vs.

The State of Maharashtra ....

Respondent Mr. Prashant Patil i/by Mr. Hrishikesh Giri for the Applicant. Mr. S.H. Yadav, APP for the State.

Coram : Smt. Sadhana S. Jadhav, J.

Date : 6th June, 2018 P.C.:

This is a subsequent application seeking enlargement on bail. The first application being Criminal Bail Application No.1083 of 2017 was heard by Hon'ble Shri. Justice T.V. Nalawade on 22nd August, 2017. When the court expressed that the court was not inclined to grant relief, the learned counsel for the applicant, upon instructions sought liberty to withdraw the proceedings and the same was disposed of as withdrawn.

2/3 Learned counsel for the applicant submits that there is Roznama to show that on 28 occasions, the applicant was not produced before the court and therefore the trial in Sessions Case No.161 of 2016 could not proceed further. Time and again, this court has requested the police authorities to see that the accused are produced before the court on scheduled dates. In view of this, the Commissioner of Police, Pune shall make every endeavour to see that the accused are produced before the court on the scheduled dates. Non-production of the accused on the scheduled dates before the court amounts to denial of justice to the under trial prisoners and every endeavour should be made to see that the under trial prisoners are produced before the court on the scheduled dates. In Sessions Case No.

161 of 2016 the accused be produced before the court on the next given date. Except this there is no change in the circumstance. Hence, the learned counsel for the applicant, upon instructions, seeks liberty to withdraw the application. Liberty as prayed for is granted in the interest of justice. The application stands dismissed as withdrawn.

3/3 The learned Additional Sessions Judge, Pune seized with Sessions Case No. 161 of 2016 is requested to expedite the trial as far as possible and conclude the recording of evidence by 30th January 2019.

( Smt. Sadhana S. Jadhav, J)