Rajendra Marutrao Patil @ Rajendra Marutrao Magar v. The State Of Maharashtra

Nalawade A.S.

1 /2 BA-1312-15 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.1312 OF 2015 Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr.A.P.Mundergi, Sr. Advocate i/by Ranjit Babusingh for the Applicant.

Ms. Rebecca Gonsalvez for Respondent No.2 CBI. Ms.Rutuja Ambekar, APP. for the State.

CORAM : A.S.GADKARI, J.

DATE :

04th January, 2016 P.C.

After hearing the learned Senior counsel for the applicant, when this court was not inclined to grant any relief, the learned counsel seeks leave to withdraw the present application with liberty to file a fresh application if the trial pertaining to CR NO.RCBE-12010E0001 of 2010 registered with EOW, CBI, Mumbai which has now been culminated into Special Case NO.113/2010 does not conclude within a period of one year from today.

2) The record discloses that the charge sheet in the aforesaid crime has been filed by the CBI on

Nalawade A.S.

2 /2 BA-1312-15 29.12.2010 and till date the charge has not been framed. Learned Special PP appearing for the CBI submitted that except the present applicant rest of the accused persons are on bail and on one or other ground they remained absent at the time of framing of charge. That, it is the precise reason for non framing the charge till today.

The record further discloses that by an order dated 1.4.2015 the Special Court had granted liberty to the applicant to file a fresh application for bail within a period of two months after framing of the charge. That, the applicant had preferred fresh bail application below Exh.162 which came to be rejected by order dated 16.6.2015 on the ground that charge was not framed till that date.

3) In view of the above, the Trial Court is hereby directed to expedite the trial and conclude the same within a period of one year from today. This direction has been issued in view of the fact that the charge sheet in the present case has been filed by the prosecution agency on 29.12.2010. Application is disposed of in the aforesaid terms. (A.S. GADKARI, J.)