Suresh @ Gama Abhimanyu Shinde v. The State Of Maharashtra And ANR

1/2 32 apeal 903-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 903 OF 2019 Suresh @ Gama Abhimanyu Shinde ..

Appellant

Versus

The State of Maharashtra and anr ..

Respondent ...

Mr. Viresh Purwant for the appellant Ms.Shraddha Sawant, Appointed Advocate for respondent no.2. Ms.M.R.Tidke, APP for the State.

Shri Santosh B. Gaikwad, ACP, Div-1, Solapur City present. CORAM: BHARATI DANGRE, J.

DATED : 7th NOVEMBER, 2023 P.C:- The appellant seek his release on bail as he is arrested in the C.R. registered in the year 2018, which had invoked Sections 302, 120B, 143, 147, 148, 149 of the IPC and Section 3(2)(va) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Mr.Purwant would submit that the role attributed to the appellant is very limited and apart from this, his advanced age should be taken into consideration for securing his release, as the trial is not completed. Opposing the application, the counsel for the complainant and the learned APP would submit that the Tilak

2/2 32 apeal 903-19.doc prosecution has examined 25 witnesses and three more witnesses are to be examined. There are 7 accused persons who face the trial and the learned APP would submit that the recording of the evidence shall be concluded on or before 31/12/2023 including recording of statement of the accused persons u/s.313 of Cr.P.C and in such a case, the Sessions Judge shall deliver his judgment in any case, on or before 31/1/2024.

However, if the aforesaid exercise, as directed is not concluded, I deem it appropriate to confer the liberty upon the appellant to approach this Court and this time only on the ground of long incarceration.

Appeal is disposed off.

( SMT. BHARATI DANGRE, J.) Tilak