Sachin Bomble S/O Prakash Bomble v. The State Of Maharashtra

Digitally signed by UDAY SHIVAJI JAGTAP Date:

2024.02.05 16:42:33 +0530 Uday S. Jagtap UDAY SHIVAJI JAGTAP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2743 OF 2022 WITH CRIMINAL BAIL APPLICATION NO. 3739 OF 2022 Sachin Bomble S/o Prakash Bomble .. Applicant Vs.

The State of Maharashtra .. Respondent .....

Mr. Harish Dangre a/w Akshay Jadhav for the applicant Ms. Anamika Malhotra, APP for the respondent - State in BA 2743/2022 Mr.A.A. Palkar, APP for the respondent - State in BA 3739/2022 .....

CORAM : PRITHVIRAJ K. CHAVAN, J.

DATED : 2nd FEBRUARY, 2024 P.C.

1.

Learned Counsel for the applicant submits that charge in C.R. No.477 of 2021 registered with Tilak Nagar Police Station, Mumbai has already been framed by the Metropolitan Magistrate 34th Court on 2nd December 2021. Plea of the applicant also appears to have been recorded and the case was adjourned. It is submitted that not a single witness has been examined so far, as it

appears from the copy of the Roznama produced by the learned Counsel.

2.

Registry is directed to call for an explanation from the concerned Magistrate within two weeks as to why evidence has not been commenced till date despite recording the plea way back on 2nd December 2021.

3.

Learned Magistrate is also directed to record the evidence of the prosecution witnesses as expeditiously as possible and shall make an endavour to conclude the trial within two months and in any case, by the end of 30th April 2024.

4.

In case the trial is not concluded as above, liberty to the applicant to apply for bail.

BAIL APPLICATION NO. 3739 of 2022 5.

In another matter, in C.R. No.472 of 2021 registered with Tilak Nagar Police Station, Mumbai, the Magistrate shall frame charge within four weeks from the date of passing of this order and shall proceed to conduct the trial as expeditiously as possible by

keeping in mind provisions of Section 309 of the Cr.P.C. 6.

The Magistrate shall make an endavour to dispose of the said case by the end of October 2024. In case the trial is not concluded as above, liberty to the applicant to apply for bail. 7.

Affidavit filed by the applicant in both the applications are taken on record.

8.

The applications stand disposed of in the aforesaid terms. (PRITHVIRAJ K. CHAVAN, J.)