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Bombay High CourtBA/2488/2018bail granted

Avinash @ Santosh Ashok Tompe v. The State Of Maharashtra

2019-04-24Hon'Ble Smt. Justice S.S. Jadhav3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.2488 OF 2018 Avinash @ Santosh Ashok Tompe ....

Applicant Vs.

The State of Maharashtra ....

Respondent Mr. Aniket U. Nikam I/by Mr. Aashish Satpute for the Applicant. Mr. S.S. Pednekar APP for the State.

Coram : Smt. Sadhana S. Jadhav, J.

Date : 24th April 2019 P.C.:

This is a subsequent application seeking enlargement on bail during the pendency of the trial. The earlier application was rejected by an order dated 29th August 2016, after considering the merits of the matter.

Learned counsel for the applicant submits that the sister of the applicant namely Neeta is getting married on 26th April 2019

2/3 at Jalna. Learned APP has verified the same through Nigadi Police Station, Pimpri-Chinchwad. Learned counsel for the applicant has vehemently submitted that the accused is not being produced before the Additional Sessions Judge, Pune for atleast a year. At present the charge is framed.

The Superintendent of Police, Pune shall see to it that the accused is produced before the trial Court on every scheduled date. The learned Sessions Judge shall not grant any unwarranted adjournments to the prosecution. The learned trial Judge shall make every endeavour to conclude the recording of evidence in Sessions Case No. 305 of 2016 as far as possible by 30th October 2019.

In view of this, the applicant deserves temporary bail for a period of one week from 25th April 2019 to 6th May 2019. The applicant shall surrender before the Jail authorities on/or before 6th May 2019. In the eventuality, the applicant does not

3/3 surrender by 5.00 pm. of 6th May 2019, the Nigadi Police shall take in the custody.

In the meanwhile, the applicant shall report to Nigadi Police Station on 29th April, 30th April, 2nd May and 4th May 2019 between 10.30 am. to 1.00 pm.

The applicant be enlarged on temporary bail on furnishing P.R. bond in the sum of Rs.15,000/- and one or more sureties in the like amount. The applicant shall be released on provisional cash bail.

In view of above directions, the application stands disposed of.

Parties to act on authenticated copy of this order. ( Smt. Sadhana S. Jadhav, J)