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Bombay High CourtBA/2374/2014trial be expedited

Balu @ Balasaheb Dharu Ghavate v. The State Of Maharashtra

2015-02-03Hon'Ble Shri Justice A.M. Thipsay2 pages

9.BANo.23742014

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE CRIMINAL BAIL APPLICATION NO.2374 OF 2014 Balu @ Balasaheb Dharu Ghavate ...

Applicant V/s.

The State of Maharashtra ...

Respondent .....

Mr.A.P.Mundargi, Senior Advocate i/b. H.Mundargi, Advocate for the Applicant.

Mr.Deepak Thakre, APP for the Respondent/State. ....

CORAM :

ABHAY M. THIPSAY J.

DATED :

3RD FEBRUARY, 2015 P.C.

1.

Heard the learned counsel for the applicant.

2.

The previous application for bail filed by the applicant was withdrawn after making some submissions in support thereof. That was on 6th August, 2014 (Bail Application No.1386 of 2014). Now the prayer for bail has been renewed.

3.

Though some of the co-accused in this case have been released on bail, the case of the applicant does not appear to be on par with them. Therefore, merely because co-accused have been released on bail, the applicant cannot be released on bail. Gaikwad RD 1/2

9.BANo.23742014 4.

After considering the material in the charge sheet, in my opinion, there exist a prima facie case against the applicant. In the circumstances, I do not see any reason to reconsider the applicant's prayer for bail, when the previous application filed by him was chosen to be withdrawn by him, after having advanced certain arguments.

5.

The learned counsel for the applicant submits that in the peculiar facts and circumstances of the case, it would be appropriate to direct the trial Court that the trial be expeditiously held. I am inclined to agree with him.

6.

The application is rejected.

7.

However, the trial Court shall expedite the trial and endeavour to complete it, as early as possible. (ABHAY M. THIPSAY J.) Gaikwad RD 2/2