Yogesh @ Bala Shendkar v. The State Of Maharashtra

2023:BHC-AS:27937 PMB 5.ba.863-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.863 OF 2023 YOGESH @ BALA SHENDKAR ..APPLICANT VS.

THE STATE OF MAHARASHTRA ..RESPONDENT ------------ Adv. Satyam Nimbalkar a/w Adv. Abhishek Arote for the applicant.

Ms. Veera Shinde, APP for the State.

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

DATE : SEPTEMBER 21, 2023 P.C. :

1.

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

2.

On merits the application for bail was rejected by this Court on 23.11.2021 in Bail Application No.2915 of 2021. Learned counsel for the applicant submitted that considering that the applicant is incarcerated for more than four years and nine months, the applicant is entitled to be enlarged on bail. Before the trial Court the charge has been framed. There are 25 witnesses to be examined. Learned counsel for the applicant submitted that there is no 1/2

PMB 5.ba.863-23.odt possibility of the trial even commencing as the trial Court is already assigned the matters under the Maharashtra Control of Organised Crime Act, 1999 and the Narcotic Drugs and Psychotropic Substances Act, 1985 as a Special Court. In the present facts, at this stage I am not inclined to enlarge the applicant on bail on the ground of long incarceration as I find it appropriate to request the trial Court to expedite the trial.

3.

Liberty to apply for bail after six months if the trial does not progress substantially.

4.

The application is disposed of.

(M. S. KARNIK, J.) 2/2