Ajit Chotu Datare v. The State Of Maharashtra

P.H. Jayani 10 BA868.19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 868 OF 2019 Ajit Chotu Datare ....Applicant V/s.

The State of Maharashtra ....Respondent Mr. Tejas Dande for the applicant.

Ms. A.A. Takalkar, APP for the State.

CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 23rd APRIL, 2019.

P.C.:

.

This is the second bail application filed by the applicant who has been arrested in C.R.No.11/2018 for offences punishable under sections 143, 147, 148, 302, 307, 323, 324, 504, 506 r/w. 149 of the Indian Penal Code and sections 3 and 4 of the Maharashtra Money Lending Regulation Act.

2.

The case of the prosecution is that on 27/01/2018, the applicant and the other co-accused had assaulted the first informant Madhukar Thange, his mother and other family members. It is alleged that Raikarbai had expired as a result of the injuries inflicted by the applicant.

3.

The applicant had earlier filed Bail Application No.2719/2018. 1/2

P.H. Jayani 10 BA868.19.doc Mr. Tejas Dande, the learned counsel for the applicant was heard in the matter. He had withdrawn the application after advancing arguments and after this Court had expressed that it was not a fit case for grant of bail. The applicant has filed a second bail application on the same grounds which were urged in the previous bail. The learned counsel for the applicant concedes that there is no change in circumstances since the withdrawal of the previous bail application. 4.

The only ground argued by Mr. Tejas Dande, learned counsel for the applicant is that there is no progress in the trial since last six months. The case is of the year 2018. The mere fact that there is no progress in the trial since last six months is not a ground for granting bail application when otherwise the offence is of serious nature and on merits the case is not fit for grant of bail. The application has no merits and is accordingly dismissed.

(SMT. ANUJA PRABHUDESSAI, J.) 2/2