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Bombay High CourtBA/1807/2016others disposed off

Ramesh Shrirang Sawant v. The State Of Maharashtra

2016-12-20Hon'Ble Smt. Justice S.S. Jadhav2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1807 OF 2016 Ramesh Shrirang Sawant ...

Applicant Vs.

The State of Maharashtra ...

Respondent Mr. Ghanshyam Jadhav, Appointed Advocate for the applicant. Mr. R.M.Pethe,APP, for the State.

CORAM:

SMT.SADHANA S.JADHAV, J.

DATE : 20th December, 2016.

P.C.

Heard. This is an application through jail seeking enlargement on bail in Sessions Case No.8 of 2014 pending before the Sessions Court at Vaduj.

2.

This Court had requested Advocate Mr. Ghanshyam Jadhav to espouse the cause of the applicant. The learned counsel for the applicant has drawn the attention of this Court to the fact that on 2.2.2016,PW-1 was examined. On 22.2.2016, PW-2 was examined and thereafter no witness has been examined and, therefore, the applicant is seeking enlargement on bail. The learned counsel for the applicant submits that justice delayed is justice denied. It is also submitted that in the past 10 months, only two witnesses have been examined. Therefore, the applicant deserves to be enlarged on bail.

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As against this, the learned APP submits that the report of the Investigating agency shows that till today, three witnesses have been examined and the next witness is to be examined on 22.12.2016. It would not be appropriate to enlarge the applicant on bail in the midst of the trial. Hence, this Court is not inclined to enlarge the applicant on bail. The learned Addl. Sessions Judge, Vaduj, seized with the Sessions Case No.8 of 2014 is requested to make every endeavour to see that the prosecution would examine all the material witnesses within six months from the date of receipt of this order.

4.

The learned Advocate appointed for the applicant has put in best of his efforts to espouse the cause of the applicant. Hence, his professional fees are quantified at Rs.1,500/- (Rupees one thousand five hundred only) to be paid to the appointed Advocate within 3 months from today.

The application stands disposed of with the above directions. 5.

Office to communicate this order to the Addl. Sessions Judge, Vaduj, forthwith.

(SMT. SADHANA S.JADHAV, J.)