Ravindra Ambu Rathod v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.2774 OF 2019 Ravindra Ambu Rathod .. Applicant

Versus

The State of Maharashtra .. Respondent ...

Mrs.Tamanna Irfan Shaikh i/b Swapnil Dighe for the applicant. Mr.R.M.Pethe, APP for the State.

CORAM: BHARATI DANGRE, J.

DATED : 7th APRIL 2021 P.C:- After arguing the matter for some length of time and when I expressed my disinclination to grant the application, learned counsel for the applicant seeks permission to withdraw the application.

Application is permitted to be withdrawn and disposed of as such.

Learned counsel for the applicant, however, has invited my attention to a very crucial aspect of the matter being that the applicant is incarcerated since 4 1⁄2 years and the trial is Tilak

2/2 7 BA 2774-19.doc not at all progressing, is her version. According to her, only two witnesses have been examined and 93 witnesses have been cited as prosecution witnesses.

It is a settled position that the applicant cannot be incarcerated for too long in spite of his clear indication and unless and until the trial is concluded, he cannot be said to be proven guilty. In such circumstances, reserving the liberty to renew the application for bail, if the trial do not proceed further and reach at an appropriate stage within a period of six months, the application can be revived.

SMT. BHARATI DANGRE, J Tilak