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Bombay High CourtBA/1584/2017others disposed off

Suresh Soma Mote v. The State Of Maharashtra

2017-09-29Hon'Ble Shri Justice A.S. Gadkari2 pages

Nalawade A.S.

1 /2 BA-1584-17-19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1584 OF 2017 Suresh Soma Mote ...Applicant.

vs.

The State of Maharashtra

...Respondent.

Ms. Pracheta Rathod for the Applicant.

Mr. Ajay Patil, APP. for the State.

CORAM : A.S.GADKARI, J.

DATE :

29th September, 2017 P.C.

1.

This is second application for bail presented by the applicant. The earlier application for bail bearing No.1060 of 2016 was rejected by the co-ordinate Bench of this Court (Shri. A.M.Badar, J.) by speaking Order dated 13.7.2016.

2.

Learned counsel for the applicant fairly submitted that the said order dated 13.7.2016 has not been challenged by her client before the Apex Court and the finding recorded therein still holds the field. In view thereof, she submitted that the applicant may not press the present application for bail. However, the applicant may be granted liberty to file a fresh application for bail before the trial Court if the trial arising out CR No.325/2015 registered with Shirur Police Station, District Pune now culminated into Sessions Case No.283 of 2016 does not commence

Nalawade A.S.

2 /2 BA-1584-17-19 within a period of one year from today.

3.

Leave and liberty granted.

4.

Application is disposed of as withdrawn with the aforesaid liberty.

5.

The record indicates that the applicant is arrested on 4.6.2016 and since then he is in Jail. In view thereof, the learned Sessions Judge, Pune seized of the Sessions Case No.283 of 2016 is hereby directed to expedite the trial.

(A.S. GADKARI, J.)