Govind Arjun Takbhate v. The State Of Maharashtra

67-BA-3796-2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3796 OF 2021 Govind Arjun Takbhate ...Applicant

Versus

The State Of Maharashtra

...Respondent

....

Mr. Ashraf Ali Shaikh, Advocate for the Applicant. Mr. S.R. Agarkar, APP for the Respondent - State. Mr. Prashant Sande, API, Swargate Police Station, Pune City.

CORAM

:

PRAKASH D. NAIK, J.

DATE :

27th JUNE, 2022.

PER COURT :

1.

This is second application for bail. The previous application was rejected by order dated 5th February, 2020. The applicant was arrested in C.R. No.51 of 2017 registered with Swargate Police Station, Pune for offences punishable under Sections 302, 201, 303 364 and 120-B r/w 34 of IPC.

2.

Learned counsel for the applicant submitted that vide order dated 5th February, 2020 trial was expedited. However, there is no progress in trial. The applicant is in custody for five years. Entire case is based on circumstantial evidence. Hence, bail may be granted to the applicant.

3.

Learned APP on instructions submitted that the trial has commenced. The prosecution has examined first witness and Sunny Thote

67-BA-3796-2021.doc second witness is in witness box. The next date before the trial Court is on 2nd July, 2022.

4.

In the light of submissions made by the learned APP on instructions from officer present in the court, it is apparent that the trial has commenced. It is expected that the trial would expeditiously in terms of order dated 5th February, 2020. It is also expected that the accused would co-operate with trial Court in concluding the trial expeditiously.

5.

Considering the aforesaid circumstances, no case is made out for granting bail. In the event, the trial is not concluded within a period of eight months, the applicant is granted liberty to prefer fresh application for bail.

6.

Application stands disposed off.

(PRAKASH D. NAIK, J.) Sunny Thote