Santosh Maruti Kharabi v. The State Of Maharashtra

Sherla V.

ba.1169.2016_9.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION No.1169 OF 2016 Santosh Maruti Kharabi ... Applicant Vs.

The State of Maharashtra ... Respondent Mr.Jayant Bardeskar, advocate appointed for the Applicant Mr.Prashant Jadhav, APP, for Respondent - State Mr.V.M. Kumbhar, Police Havaldar, Chakan Police Station, Pune - present CORAM: Mrs.MRIDULA BHATKAR, J.

DATED: FEBRUARY 24, 2017 P.C. :

1.

An earlier Bail Application of this applicant/accused was rejected on 24.6.2015. Thereafter, he filed second Bail Application No.2173 of 2015. At that time, it is informed that the Bail Application was withdrawn, however, liberty was granted to file fresh bail application after six months or after recording of evidence of the first informant and other family members. 2.

Learned Counsel for the applicant/accused informs the Court that despite this Bail Application being filed, there is no progress in the case and the applicant/accused is inside the prison since

ba.1169.2016_9.doc 21.4.2014 and charge is framed in the Sessions Case No.341 of 2014 by the trial Court on 28.4.2015.

3.

Learned Prosecutor informs the Court that as on today, evidence of only one panch witness is recorded on 15.12.2016. He informs that the Counsel for the applicant was not present on the last occasion and therefore, the learned Sessions Judge imposed cost of Rs.1,000/- upon the advocate for the applicant and hence, the matter did not proceed.

4.

Considering the submissions of the learned Counsel for the applicant/accused and the learned Prosecutor, the learned trial Judge is directed to proceed with the trial as per section 309 of the Criminal Procedure Code and conclude the trial on or before 31st May, 2017. Both the prosecution and the defence lawyers shall cooperate with the Court.

5.

Bail Application is disposed of accordingly.

(MRIDULA BHATKAR, J.)