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Bombay High CourtBA/2388/2021disposed off

Daideepya Madhukar Bhosale v. The State Of Maharashtra

2021-11-29Hon'Ble Shri Justice Nitin W. Sambre2 pages

34. BA-2388-2021.doc BDP-SPS-TAC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BHARAT DASHARATH PANDIT CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2388 OF 2021 by BHARAT DASHARATH PANDIT Date: 2021.11.29 14:50:29 +0530 DAIDEEPYA MADHUKAR BHOSALE ....Applicant.

V/s THE STATE OF MAHARASHTRA .....Respondent WITH INTERIM APPLICATION NO.2899 OF 2021 IN CRIMINAL BAIL APPLICATION NO. 2388 OF 2021 PRAJAKTA SIDHAGONDA PATIL ...Applicant/ Intervener In the matter between DAIDEEPYA MADHUKAR BHOSALE ....Applicant.

V/s THE STATE OF MAHARASHTRA .....Respondent ---- Mr. Ghanshyam Mishra for the Applicant.

Mr. Omkar Nagwekar for the Intervener Mr. A.R. Kapadnis, APP for the Respondent State. ---- CORAM: NITIN W. SAMBRE, J.

DATE: NOVEMBER 29, 2021 P.C.:- 1] Heard learned Counsel for the Applicant and learned APP assisted by learned Counsel for the complainant 1/2

34. BA-2388-2021.doc 2] Applicant is seeking regular bail in C.R. No.438 of 2018 registered with Naya Nagar Police Station for the offence punishable under Sections 376, 384, 323 of IPC read with Section 66(E), 67 and 67(A) of IT Act.

3] Prayer of the Applicant for grant of bail was already rejected by this Court on merit on last two occasions i.e. on 4th July, 2019 and 25th March, 2021.

4] The only change in circumstance which is brought to my notice is delay in deciding the trial as the schedule as ordered by this Court is not adhered to. It appears that delay in deciding trial cannot be attributed to either of the parties to the trial, as because of pandemic trial could not be proceeded with. Apart from above, I am informed that already process of recording of evidence has commenced.

5] In that view of the matter, in my opinion, no case for grant of bail is made out. Application as such stands rejected. As a consequence of rejection of Application, pending Interim Application is also disposed of. ( NITIN W. SAMBRE, J. ) 2/2