Vijay Sadashiv Bhilare v. The State Of Maharashtra

2.BA1948_2016 vidya

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1948 OF 2016 Vijay Sadashiv Bhilare ...

Applicant vs.

The State of Maharashtra ...

Respondent Mr. Hrishikesh Giri i/b. Mr. Prashant M. Patil, Advocate for the applicant. Mr. R.M. Pethe, APP for the respondent/State. Mr. M.S. Talbar, P.S.I., Rajgad Police Station, Pune(Rural) present. CORAM: MRS. MRIDULA BHATKAR, J.

(In Chamber) DATE : 4th October, 2016.

P.C.

This is the second Bail Application. The first Bail Application No. 189 of 2015 of the applicant/accused was rejected on merit by this Court by order dated 17th July, 2015.

2.

The ground for second Bail Application is that though the accused are inside since February, 2014 and the Bail Application was rejected in July, 2015 with a request to the trial Court to proceed with the matter, but till now charge is also not framed.

2.BA1948_2016 3.

Learned APP opposed the Bail Application.

4.

A delay in trial is a good ground to move the Bail Application, but it is an offence punishable under section 302 wherein the eye witnesses have taken the names of accused persons. However, no under -trial prisoner can be denied speedy and fair trial. The concerned Sessions Judge is hereby directed to frame charge till 31st October, 2016 and start with the matter and complete the trial till 28th February, 2017. The copy of the earlier order of this Court is to be placed before the trial Judge. 3.

The copy of this order to be sent to Principal District Judge, Pune. 4.

Bail Application is disposed of.

(MRIDULA BHATKAR, J.)