Ajay Pawan Dhawan v. The State Of Maharashtra

ssm 1 16-cri-ba2383.19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2383 OF 2019 Ajay Pawan Dhawan ....Applicant.

Vs.

The State of Maharashtra ....Respondent.

Mr. Sukrut Mhatre for the Applicant.

Mr. Amit Palkar, APP for the Respondent No.1-State. Smt. Shyamli Hasela i/by H & M Legal Associate for the Respondent No.2. Mr. Satish Pandurang Kotkar, API, Pantnagar Police Station, Mumbai. CORAM : A. S. GADKARI, J.

DATE : 9th FEBRUARY, 2021.

P.C.:- This is a successive Application for bail.

The earlier Bail Application No.1590 of 2018, preferred by the Applicant was withdrawn by him unconditionally on 16th August, 2018. There is no change in circumstances from 16th August, 2018 till today, except the passage of time.

Learned APP on instruction, submitted that, in the present crime i.e. in CR No.229 of 2017 registered with Pantnagar Police Station, Mumbai under Sections 406, 420, 465, 467 and 471 read with Section 34 of the Indian Penal Code, the Trial Court has already framed charge and P.W. No.1 is in dock for his cross-examination by the learned Advocate for the accused.

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ssm 2 16-cri-ba2383.19.doc Perusal of charge-sheet indicates that, the prosecution has given lists of in all seven witnesses.

Learned APP on instructions, further submitted that, there are two more cases pending against the Applicant of similar nature. That, the Applicant has defrauded more than three banks for huge amounts. May that as it may.

As the trial of the present crime has already commenced before the learned Metropolitan Magistrate, 73rd Court, Vikhroli, Mumbai seized of the trial arising out of CR No.229 of 2017 registered with Pantnagar Police Station under Sections 406, 420, 465, 467 and 471 read with Section 34 of the Indian Penal Code, learned Magistrate is directed to conclude the same within a period of six months from the date of receipt of present Order. The prosecution is directed to keep relevant witnesses present on the dates fixed by the Trial Court with a view to expedite the Trial. Bail Application is accordingly dismissed, with the aforesaid directions.

(A.S. GADKARI, J.) 2/2