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Bombay High CourtBA/2302/2022disposed off

Ambadas @ Dada Tayappa Pawar v. State Of Maharashtra

2023-01-17Hon'Ble Shri Justice N. R. Borkar2 pages

907-BA-2302-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2302 OF 2022 Ambadas @ Dada Tayappa Pawar ...

Applicant

Versus

State of Maharashtra ...

Respondent .........

Mr. Rahul Dhaygude alongwith Mr. Rupesh Zade and Ms. Priyanka Gupta for the Applicant.

Ms. Veera Shinde, APP for the State.

.........

CORAM : N.R. BORKAR, J.

DATED : 17 JANUARY 2023 P.C. :- .

This is an application under Section 439 of the Code of Criminal Procedure.

2.

The applicant came to be arrested in Crime No. 40 of 2016 registered at Khadak police station for the offences punishable under Sections 395, 120-B of the Indian Penal Code and Sections 3(1)(ii), 3(2), 3(4) of the Maharashtra Control of Organized Crime Act, 1999. 3.

I have heard the learned counsel for the applicant and the learned APP for the respondent-State.

Kanchan P Dhuri 1 / 2

907-BA-2302-2022.odt 4.

The bail is sought on the ground of prolong incarceration as an undertrial. The learned Counsel for the applicant submits that the applicant is in jail for more than 7 years and the trial is not likely to conclude in near future.

5.

The applicant is a gang leader and is involved in 9 more crimes. I am therefore not inclined to release the applicant on bail. However, considering the fact that the applicant is in jail for 7 years, the trial Court shall endevour to conclude the trial within a period of nine months from the date of receipt of the copy of this order. (i) Application is disposed of in above terms.

( N.R. BORKAR, J. ) by KANCHAN PRASHANT DHURI Date: 2023.03.06 14:45:17 +0530 KANCHAN PRASHANT DHURI Kanchan P Dhuri 2 / 2