Shashikant Govind Wadkar v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1753 OF 2015 Shashikant Govind Wadkar ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr. Harshwardhan Akolkar for the Applicant Ms. Sharmila S. Kaushik, A.P.P for the Respondent-State Head Constable Mr. Jagtap from Haveli Police Station, Pune is present CORAM : REVATI MOHITE DERE, J.

WEDNESDAY, 7TH OCTOBER, 2015 P.C. :

1.

Heard learned Counsel for the applicant and the learned A.P.P for the State.

2.

By this application, the applicant seeks his enlargement on bail in connection with C.R. No. 528 of 2012 registered with the Haveli Police Station, Pune, for the alleged offences punishable under Sections 302, 201 and 34 of the Indian Penal Code.

3.

Learned Counsel for the applicant states that the only material qua the applicant is recovery under Section 27 of the Indian Evidence Act, 1/3

is - (i) a tempo wherein no blood stains nor any incriminating articles have been found; (ii) an iron tommy which is also stated to be without blood stains; and (iii) a blood stained handkerchief. He states that the report of the Chemical Analyser is awaited.

4.

Learned A.P.P states that the trial has commenced and that the complainant has been examined in the said case. 5.

Considering the fact that trial has commenced, the application is not being entertained at this stage. However, for no fault of the applicant, if the trial does not conclude within a reasonable period, the applicant shall be at liberty to file a fresh application, which will be considered on its own merits.

6.

The application is disposed of accordingly.

REVATI MOHITE DERE, J.

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CERTIFICATE Certified to be true and correct copy of the original signed order.

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