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Bombay High CourtBA/1013/2015bail rejected

Rakesh Madanlal Lakhara v. The State Of Maharashtra

2015-07-27Hon'Ble Smt. Justice S.S. Jadhav2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1013 OF 2015 Rakesh Madanlal Lakhara.

... Applicant.

Versus

The State of Maharashtra.

... Respondent.

--- Ms. Mrunmai Kulkarni, advocate appointed for applicant. Ms. P.P. Shinde, APP for State.

--- CORAM : SMT. SADHANA S. JADHAV,J DATE : JULY 27, 2015 P.C.:

Learned APP submits that in the present case i.e. in Sessions Case No. 109 of 2015 prosecution has adduced evidence. Court has recorded substantive evidence of 3 witnesses and therefore, the bail should not be granted.

As against this, the learned Counsel appointed for the applicant submits that justice delayed is justice denied. The applicant is in jail since 2/2/2010 and therefore, he should be enlarged on bail. Talwalkar 1/2

20.ba1013.15.sxw In any case, this cannot be the ground for enlarging the applicant on bail as this would cause prejudice to the prosecution and would hamper the substantive evidence. In view of this, the application stands rejected. The same is disposed of accordingly. The learned Counsel appointed for applicant has put in the best efforts to espouse the cause of the applicant. The professional fees is quantified at Rs. 1000/- to be paid to her within 3 months from today.

The office to communicate the order to the applicant who is in jail.

(SMT. SADHANA S. JADHAV,J) Talwalkar 2/2