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Bombay High CourtBA/2121/2023disposed off

Dattatray Alias Datta Balu Mane v. State Of Maharashtra And ANR.

2023-08-19Hon'Ble Justice Revati Mohite Dere3 pages

NISHA SANDEEP CHITNIS NISHA SANDEEP CHITNIS Date: 2023.08.23 14:32:58 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.2121 OF 2023 Dattatray Alias Datta Balu Mane ...Applicant

Versus

The State of Maharashtra and Anr.

...Respondents

Mr. Narayan Rokade a/w Mr. Ajinkya Taskar, Mr. Udaysingh Deshmukh and Ms. Pratibha Pawar, for the Applicant. Ms. P. P. Shinde, A.P.P for the Respondents - State. API - H. M. Shilamkar, Kondhwa Police Station, Pune City, is present. CORAM : REVATI MOHITE DERE , J.

DATE : 19th AUGUST 2023 P.C. :

1.

This is the third bail aplication preferred by the applicant, seeking his enlargement on bail in connection with C.R. No.477 of 2015, registered with the Kondhawa Police Station, Pune, for the alleged offences punishable under Sections 307, 387, 447, 504, 506(2), 34 of the Indian Penal Code and under Sections 3(1)(ii), 3(2), and 3(4) of the Maharashtra Control of Organized Crime Act ('MCOC Act').

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2.

Learned APP states that the trial is at an advanced stage, inasmuch as, the matter is posted for recording 313 statement of the accused including that of the applicant. Learned APP assures that the prosecutor will not seek time and that the accused will be produced on the next date, so as to enable the Court to record the 313 statement of the accused.

3.

Considering that the applicant is incarcerated for more than 6 years 5 months, we direct the learned District Judge and Additional Sessions Judge, Pune, who is seized with the case i.e. Special Case (MCOC) No. 21 of 2016, to decide the said case as expeditiously as possible in any event within three months from the date of receipt of the order.

4.

Registry to forthwith communicate the order passed today either telephonically/fax/e-mail/a Special Messenger to the learned District Judge and Additional Sessions Judge, Pune, who is seized of the case i.e. Special Case (MCOC) No. 21 of 2016, so as to enable him 2/3

to comply with the said order.

5.

Application is accordingly disposed of on the aforesaid terms.

6.

Learned counsel for the applicant to also communicte the said order to the learned Judge, so as to enable him to comply with the said order.

7.

All concerned to act on the authenticated copy of this order.

REVATI MOHITE DERE , J.

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