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Bombay High CourtBA/2258/2022disposed off

Navnath Dattatray Kamble v. The State Of Maharashtra And ANR

2022-12-02Hon'Ble Smt. Justice Bharati Dangre2 pages

sg 2.ba2258-22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.2258 OF 2022 Navnath D. Kamble ....Applicant vs.

The State of Maharashtra

...Respondent

....

Mr. Paras Yadav, for the Applicant.

Ms. Pallavi Dabholkar, APP, for State.

....

CORAM : BHARATI DANGRE, J.

DATE : 2nd DECEMBER 2022 P.C. :

This is the second bail application moved by the Applicant in change in circumstance pointing out the statement, which came to be recorded before the Magistrate on 30th March 2020. The learned Counsel submit that on the earlier date, when this Court expressed its disinclination to entertain the application, pursuant to which it was withdrawn on 16 December 2022, a statement was not looked into. When I perused the statement placed on record, I noticed that there may be some inconsistency in the version of the prosecutrix, but there was reiteration for committing sexual intercourse. This is the precise reason, I show my inclination to disapprove the same.

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sg 2.ba2258-22.doc In the wake of above, I am not inclined to allow the application. It is dismissed.

The learned Counsel now submits that the Applicant is in custody since 4th January 2020 and till date charge is not framed. Under the circumstances, the concerned court is directed to to frame the charge as expeditiously as possible and, in any case, within period of six months from today.

(SMT. BHARATI DANGRE, J.) 2 / 2