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Bombay High CourtBA/3008/2021disposed off

Anklesh Govind Rathod v. The State Of Maharashtra

2021-09-29Hon'Ble Shri Justice A.S. Gadkari2 pages

ssm 1 36-ba3008.21.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3008 OF 2021 Anklesh Govind Rathod .....Applicant Vs.

The State Of Maharashtra .....Respondent Mr. Manoj Tiwari for the Applicant.

Smt. Veera Shinde APP, for the Respondent-State. Mr. Ghadge, PSI, Kandiwali Police Station.

CORAM : A. S. GADKARI, J.

DATE : 29th SEPTEMBER, 2021.

P.C.:- This is a successive Application for Bail.

Smt. Shinde, learned APP on instructions from the concerned Investigating Officer submitted that, the Trial Court has now scheduled the trial for framing of charge on 5th October, 2021. The charge-sheet indicates that, the prosecution is intending to examine in all 8 witnesses, out of which 4 witnesses are Police personnel.

The APP on instructions, further submitted that, it may take about 6 months time to conclude the trial of the present case i.e. Sessions Case No.132 of 2017 pending on the file of learned Additional Sessions Judge, Borivali Division, Dindoshi, Mumbai.

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ssm 2 36-ba3008.21.doc In view thereof, the learned Advocate for the Applicant seeks leave to withdraw the present Application with liberty to file a fresh Application for bail before the Trial Court, if the trial arising out of Sessions Case No.132 of 2017 (CR No.15 of 2017, registered with Kandivali Police Station, Mumbai) does not conclude within a period of 6 months from today.

Leave and liberty granted.

Bail Application is accordingly disposed off, as withdrawn. As the Applicant is behind the bar since last about 4 years, the Additional Sessions Judge, Borivali Division, Dindoshi, Mumbai seized of Sessions Case No.132 of 2017 (CR No.15 of 2017, registered with Kandivali Police Station, Mumbai), is directed to conclude the trial of the said case within a period of 6 months from today.

(A.S. GADKARI, J.) by SANJIV SHARNAPPA MASHALKAR Date:

2021.10.04 14:25:19 +0530 SANJIV SHARNAPPA MASHALKAR 2/2