Raj @ Balasaheb Bahu Date v. The State Of Maharashtra And ANR

1 14.2118.14 ba

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE SIDE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2118 OF 2014 Raj @ Balasaheb Bahu Date .....Applicant V/s.

The State of Maharashtra and another ....Respondents WITH CRIMINAL APPLICATION NO. 7 OF 2015 IN CRIMINAL BAIL APPLICATION NO. 2118 OF 2014 Vokswagen India Private Limited ....Intervener Through Authorized Representative Hiren Seth

IN THE MATTER BETWEEN

Raj @ Balasaheb Bahu Date .....Applicant V/s.

The State of Maharashtra and another ....Respondents Mr. Shirish Gupte Senior Advocate a/w P. S. Patil, Samrat Rawate for Applicant Mr. M. S. Mohite, Nikhil Patil, Dnyaneswar Jadhav i/b Messers Legasis Partners for Intervener Ms. Veera Shinde APP for the State.

CORAM : SMT. SADHANA S. JADHAV, J.

DATED : FEBRUARY 2, 2015 PC :

1) Heard learned senior counsel for the applicant. Heard learned APP. ism

2 14.2118.14 ba 2) Learned APP submits that trial has commenced. Complainant is in the witness box. His substantive evidence (Examination-in-chief) is in progress. He was examined on 19/08/2014.

3) It appears that there are several applications filed by the applicant. Learned APP submits that the trial is being protracted at the behest of the applicant. Trial has been protracted for a substantive time. However, since trial is commenced, this Court is not inclined to entertain application under section 439 of Code of Criminal Procedure, 1973. 4) Learned senior counsel submits that if advised, applicant would be at liberty to file an application under section 437 (7) of Code of Criminal Procedure, 1973. Learned Magistrate may consider the application, if filed, on its own merits and dispose of the same within 2 weeks from the date of filing. 5) Application is disposed of in above terms. Intervention application is heard, allowed and disposed of accordingly.

(SMT. SADHANA S. JADHAV, J.) ism