Kartik Murgesh Devendran v. The State Of Maharashtra

1/2 30 BA-1252.20.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.1252 OF 2020 Kartik Murgesh Devendran ..

Applicant Vs.

The State of Maharashtra ..

Respondent ...

Mr. Kaushik Mhatre for the Applicant.

Ms. P.P. Shinde, A.P.P. for the State.

...

CORAM

: SMT. BHARATI DANGRE, J.

DATED : 06TH AUGUST, 2021.

P.C:- 1.

The Applicant is an accused, who came to be arrested on 25/12/2013 in C.R. No.570 of 2013 registered with Manpada Police Station, when his custody was sought in connection with C.R. No.I-213 of 2012.

2.

The Application of the Applicant preferred through jail was heard on 20/08/2019 (Bail Application No.1527 of 2018) and this court expressed that in the backdrop of the serious allegations and the material placed on record, the Applicant does AJN

2/2 30 BA-1252.20.odt not deserve to be released on bail. Having regard to the fact that he is in custody since 2013, the trial was expediated and a direction was issued by this court that the Sessions Case No.160 of 2014 shall be concluded within nine months. 3.

Till today, the trial is not concluded and the reason is obvious, the pandemic, which crippled the whole nation from March, 2020. The justification can be found for not concluding the trial in terms of the direction issued by this court. Since the Applicant states that three witnesses have already been examined, the Sessions Court is requested to conclude the trial within six months from today and, it is made clear, that priority should be given to the said trial and preferably it should be conducted on day to-day basis. Learned Sessions Court is also at liberty to examine the witnesses, including the present Applicant, through video conferencing.

4.

With the aforesaid direction, the Application is disposed of.

5.

The Registrar (Judicial) is directed to communicate this order to the Sessions Court at Kalyan, where the said case is pending.

[SMT. BHARATI DANGRE, J.] AJN