Ravi Mallesh Bora @ D. K. Rao v. The State Of Maharashtra

Mhi 1 BA-1249-15.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1249 OF 2015 Ravi Mallesh Bora @ D.K.Rao ...

Applicant vs.

The State of Maharashtra ...

Respondent Mr. Rajiv Patil, Senior Patil i/b. Mr. Randhir A. Kale,Advocate,for the applicant.

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

CORAM:

SMT.SADHANA S.JADHAV,J.

DATE : 31st July, 2015.

P.C.

Heard. The learned Senior Advocate has placed on record the Roznama of Special Case No.4 of 2012.

2.

It appears from the Roznama that on 27.7.2015, the prosecution had examined PW-12 on 29.7.2015. The cross-examination of PW-12 had continued as it had been deferred on the earlier date. It is further submitted that ten more witnesses are to be examined by the prosecution.

3.

The learned Senior advocate submits that the applicant has been in jail since 2011. That the applicant has a right to expeditious trial. It is submitted that in the present case, charge was framed against the accused sometime in the year 2012. The trial has been prolonging on one or the

Mhi 2 BA-1249-15.sxw other ground. It is ini these circumstances that the learned Senior Advocate has made three prayers. Firstly that on account of delay in trial, the applicant deserve to be enlarged on bail. Secondly, the learned Special Court be directed to conduct the trial on day-to-day basis and thirdly, due to work load before the said Special Judge, the trial be transferred to another Cuort. In fact, all the three prayers cannot be granted in the midst of trial.

4.

The learned APP submits that the learned Special Judge is seized with the Supreme Court expedited trial and therefore recording of evidence in the present case is taken in the Afternoon Sessions. It is submitted that the prosecutioon would make the best of his efforts to see that trial is not protracted on unwarranted grounds.

5.

Hence, the application seeking bail deserves to be disposed of with a request to the learned Special Judge to take all effective steps to see that the trial is expedited at the earliest. The prosecution shall not be given adjournment on unwarranted grounds. The learned Special Judge shall meticulously see that the accused are produced on each and every date. 6.

For the above reasons, the application stands disposed of. (SMT.SADHANA S.JADHAV, J.)