← Library
Bombay High CourtBA/1600/2016others disposed off

Brahma Namdeo Mhatre v. The State Of Maharashtra

2016-09-28Hon'Ble Shri Justice A.S. Gadkari2 pages

1 /2BA-1600-16-45 Nalawade FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.1600 OF 2016 Brahma Namdeo Mhatre vs. The State of Maharashtra Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. M.S.Mohite for the applicant.

Mrs.S.S.Kaushik, APP for the Respondent-State. Ms.Rohini Kale from Thane Railway Police Station present. CORAM :A.S.GADKARI, J.

DATE : 28th September, 2016 P.C.

1) This is the fourth application for bail. The applicant is arrested in the present crime on 24.4.2012 and since then he is in Jail. The learned counsel appearing or the applicant submitted that in the present case charge has been framed by the trial Court on 14.5.2015 and since then there is no much progress in the trial. It is to be noted here that by an order dated 17.4.2014 passed in Bail Application No.532 of 2014 this Court had directed the concerned Sessions Judge to deal with the pending sessions case against the applicant as expeditiously as possible and dispose of the same in accordance with law. The record further reveals that as the trial pertaining to the said crime was not concluded, the applicant subsequently preferred an application for bail by filing Bail Application No.854 of

2 /2BA-1600-16-45 2015 which came to be dismissed by this Court by an order dated 4.8.2015. There is no substantive change in the circumstances. The present application is therefore dismissed.

2) As stated earlier as the applicant is in jail since since 24.4.2012 and this Court by an order dated 17.4.2014 has already directed the trial court to expedite the trial. While dismissing the present application the trial Court is hereby directed to conclude the trial pertaining to CR No. I-130 of 2012 culminated into Sessions Case No.240 of 2012 within a period of one year from the date of receipt of the order.

3) Application is dismissed in the aforesaid terms. (A.S.GADKARI, J.)