Sanjit Jayprakash Taak And ORS v. State Of Maharashtra

1/3 5 BA 1665-24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.1665 OF 2024 Sanjit Jayprakash Taak and ors ..

Applicants

Versus

State of Maharashtra ..

Respondent ...

Mr.Narayan Rokade a/w Abhijeet Pawar for the applicants. Smt. K.T.Hiwrale, APP for State.

CORAM: BHARATI DANGRE, J.

DATED : 7th MAY, 2024 P.C:- On 7/01/2021, the application filed by Sanjit Jayprakash Taak was disposed off as withdrawn with a liberty being conferred to move a fresh application if the trial did not commenced within six months. The applicant no.1 along with Sujit and Ravi Taak are charged with Sections 302, 341, 143, 147, 148, 149, 323, 504, 506, of IPC a/w Section 4, 25, 27 of the Arms Act, along with 12 other accused. They are charged of causing death of one Vinod Narwala, husband of the complainant by mounting an assault on him, when he was enroute to his house along with his wife, the complainant and he was assaulted by swords by the three applicants, and other weapons like iron pipe, stones by the other accused persons. He succumbed the

2/3 5 BA 1665-24.doc injuries sustained by him in the said assault. It may be true that the applicant is arrested on 4/05/2018 and since then he is incarcerated. However looking to the gravity of the charges and the material compiled in the charge-sheet, even on the second occasion, I am not inclined to release him on bail. This is more particular for the reason, that the trial has commenced and according to the learned APP two prosecution witnesses are already examined and the trial in Sessions Case No.105 of 2018 is scheduled tomorrow before Additional Sessions Judge, Baramati.

The learned APP on instructions make a statement that 8 more witnesses are to be examined by the prosecution and considering the long period of incarceration of the applicant, I deem it appropriate to direct the additional Sessions Judge to prepare a schedule of the examination of the remaining witnesses and ensure that the witnesses remain present on the said date, and they are examined/cross-examined.

In case, if there are investigating officers, medical experts, who are to be examined, the learned Judge is at liberty to avail the facility of video conferencing, if the officers are not present at the Station, but in any case, it must be kept in mind that on the given date the examination of the said witnesses must be conducted.

Upon recording the evidence of the balance 8 witnesses the statement of the accused under Section 313 shall

3/3 5 BA 1665-24.doc also be recorded in a time bound manner and the concerned prison, where the accused persons are incarcerated, shall ensure that they are produced before the Court for the purpose of recording their 313 statement of CrPC, without any excuse being offered.

The Sessions Judge is requested to complete the trial on or before 31/12/2024, which shall include the pronouncement of the Judgment.

With the aforesaid direction, the application stands disposed off.

Needless to state that the applicants shall render their co-operation in conclusion of trial and shall, on no reason delay the proceedings.

(SMT. BHARATI DANGRE, J.)