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Bombay High CourtBA/3246/2021rejected

Yogesh Malhari Jadhav v. The State Of Maharashtra

2022-04-01Hon'Ble Shri Justice Sarang Vijaykumar Kotwal3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3246 OF 2021 Yogesh Malhari Jadhav ..Applicant

Versus

The State of Maharashtra ..Respondent WITH INTERIM APPLICATION NO. 101 OF 2022 Bapu Daji Jadhav ..Intervenor.

In the matter between:

Yogesh Malhari Jadhav ..Applicant

Versus

The State of Maharashtra ..Respondent __________ Mr. V. V. Purwant, for Applicant.

Ms. Rekha Musale for Intervenor.

Mr. V. B. Konde-Deshmukh, APP for State/Respondent __________ CORAM : SARANG V. KOTWAL, J.

DATE : 1st APRIL 2022.

PC :

1.

The applicant had earlier approached this court vide Criminal Bail Application No.1479 of 2021. At that time, following order was passed on 25/01/2021.

Digitally signed by VINOD BHASKAR GOKHALE Date:

2022.04.04 13:40:12 +0530 VINOD BHASKAR GOKHALE Gokhale

"After arguing for some time, when I expressed my disinclination to grant relief in this bail application, learned Counsel for the applicant prays for unconditional withdrawal of this application.

2. Permission is granted. The application is allowed to be withdrawn unconditionally and is disposed of accordingly.

3. Nothing survives in the connected interim application and hence the same is also disposed of."

2.

Again the same applicant for the same relief on the same ground has filed this application. There is absolutely no change in circumstance. It is submitted that, since the date of that order there is no progress in the trial.

3.

Because of spread of Covid-19 proceedings of the courts were affected. The situation is improving as on today. Be that as it may, since there is no change in circumstance, I am not inclined to entertain this application.

4.

However, the applicant is at liberty to make an appropriate application before the trial court for taking up his trial as early as possible. If such application is preferred by the

applicant, the trial court shall consider pendency of earlier trials before it and after giving due consideration to that, applicant' s application shall be decided for early hearing of his trial. 5.

With these observations, the application is disposed of. 6.

With disposal of this bail application, the interim application does not survive and it is also disposed of. (SARANG V. KOTWAL, J.)