Shankar Lahanu Katkar v. The State Of Maharashtra

1 28-BA No.901-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.901 OF 2019 Shankar Lahanu Katkar ] ... Applicant

Versus

The State of Maharashtra ] ... Respondent Mr. Satyavrat Joshi, Advocate for the Applicant. Mr. S.H. Yadav, APP for State/Respondent.

CORAM :- SARANG V. KOTWAL, J.

DATE :- 1 st AUGUST, 2019.

P. C. :- 1.

On the previous occasion, the same accused had approached this court for his release on bail by preferring BA No.2374/2017. The said application was withdrawn after arguments were heard at length. However, at the same time, this court (Coram : Sadhana S. Jadhav J.) vide order dated 12/02/2018 had directed the learned Sessions Judge dealing with Sessions Case No.1164 of 2016 to expedite the trial and to conclude the same within nine months from the date of framing of charge.

2.

The earlier application was withdrawn after arguing at length and there are no change in the circumstances because no new facts Purti Parab

2 28-BA No.901-19.doc have cropped up. However, the trial as directed by the earlier order is still not concluded. Therefore, the applicant has a genuine grievance that the order of this Court is not complied with. 3.

Ld. APP states that, so far two witnesses have been examined on behalf of the prosecution.

4.

The progress of the trial is not satisfactory. The order of this Court dated 12/02/2018 is required to be given due weightage. However, by way of one more chance to the prosecution, I am extending the time set by the earlier order. Ld. Counsel for the applicant submits that, on most of the occasions, accused was not produced and the trial could not be proceed with. The Learned Trial Judge will take into account all this factors as well as the directions of this Court passed in Criminal Bail Application No.2374/2017. The Learned Trial Judge shall make efforts to conclude the trial not later than three months from today. The prosecution as well as the applicant are directed to co-operate with the Trial Court for prompt disposal of the trial. With these observations, the application is disposed of.

(SARANG V. KOTWAL, J.) Purti Parab