Ananda Daniya Petala v. The State Of Maharashtra

1/3 nsc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.2159 OF 2019 Ananda Daniya Petala ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr.R.N.Gite, for the Applicant.

Mr.P.H.Gaikwad-Patil, A.P.P for the Respondent - State. PSI - Nalawade, Kolsewadi Police Station, is present. CORAM : REVATI MOHITE DERE, J.

DATE : 26th SEPTEMBER, 2019 P.C. :

1.

Heard learned counsel for the parties.

2.

By this application, the Applicant seeks his enlargement on bail in connection with C.R.No.I-614 of 2017, registered with the Kolsewadi Police Station, for the alleged offences punishable under Sections 394 r/w 34 of the Indian Penal Code. 3.

Perused the papers. According to the complainant, he had withdrawn Rs. 1 lakh from the State Bank of India and was on his way,

2/3 when two people came on a motorcycle. He has alleged that one of the persons gave a blow on his hand and snatched the bag containing Rs.1 lakh, pass book, cheque book, Aadhar Card and ran away from the said spot. The applicant is stated to be riding pillion. It appears that the trial has already commenced and 4 witnesses have been examined till date. 4.

Learned Counsel for the applicant states that presently the Court is vacant and the in-charge Court is not taking up the said case, pursuant to which, there is no progress in the trial Court since October, 2018.

5.

Since the trial has already commenced, it would not be appropriate to consider the application for bail. However, as the trial has commenced and 4 witnesses have been examined till date, it would be appropriate to direct the learned Judge to conclude the trial as expeditiously as possible and in any event within 6 months from the date of receipt of this order.

6.

If an application for transfer of the aforesaid case is made to the Chief Judicial Magistrate, the learned Chief Judicial Magistrate to consider the said application expeditiously and pass appropriate orders

3/3 on the said application, in view of the order passed today. 7.

If, for no fault of the applicant, the trial does not conclude within the stipulated period, the applicant is at liberty to file a fresh application, which will be considered on its own merits. 8.

The application is accordingly disposed of on the aforesaid terms.

REVATI MOHITE DERE, J.