Ganesh Gorakh Bise And ANR v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.769 OF 2017 GANESH GORAKH BISE AND ANR.

)...APPLICANTS V/s.

THE STATE OF MAHARASHTRA )...RESPONDENT Mr.Satyavrat Joshi, Advocate for the Applicants. Mr.V.V.Gangurde, APP for the Respondent - State.

CORAM

:

A. M. BADAR, J.

DATE :

4th JANUARY 2018 P.C. :

This is second bail application of applicants/accused in Crime No.70 of 2015 registered with Miraj Police Station, District Sangli.

Heard the learned advocate appearing for applicants/accused as well as the learned APP appearing for the State.

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Offences alleged against applicants/accused are punishable under Sections 395, 420, 170, 342, 120B of the Indian Penal Code, 1860. The charge-sheet has resulted in registration of Sessions Case No.209 of 2015 and the same is reportedly pending on the file of the District Judge-3 and Additional Sessions Judge, Sangli. Along with the instant application, applicants have placed on record copies of deposition of in all six witnesses. The application was filed in March 2017. Section 309 of the Code of Criminal Procedure mandates recording of evidence in his case on day to day basis. Six witnesses in the sessions case are already examined by 23rd January 2017.

In this view of the matter, the learned advocate appearing for applicants/accused fairly states that applicants/accused would be satisfied if the trial is expedited. Therefore, the order :

ORDER

i) The application is disposed of with a direction to the learned trial court to take up hearing of Sessions Case No.209 of 2015 on avk 2/3

day to day basis as per mandate of Section 309 of the Code of Criminal Procedure and dispose it off within a period of three months from the date of communication of this order. (A. M. BADAR, J.) avk 3/3