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Bombay High CourtBA/2924/2019disposed off

Ajit Ramdas Kolhe v. The State Of Maharashtra

2021-07-28Hon'Ble Shri Justice A.S. Gadkari2 pages

Tandale 909-BA-2924-2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2924 OF 2019 Ajit Ramdas Kolhe ... Applicant V/s.

The State of Maharashtra ... Respondent Mr. Piyush Toshniwal for Applicant.

Smt. Rutuja Ambekar, A.P.P. for Respondent-State. CORAM : A.S. GADKARI, J.

DATE : 28th July 2021.

(Through Video Conferencing) P.C. :

1.

This is a successive Application for bail preferred by the Applicant through Jail.

2.

Heard Mr. Toshniwal, learned Advocate appointed by this Court to represent the Applicant by its Order dated 18th March 2021 and Smt. Ambekar, learned A.P.P. for State. Perused the record. 3.

Learned A.P.P. on instructions from Shri Anil V. Bhawari, Police Inspector attached to Yeola Taluka Police Station, District Nashik Rural, submitted that, the trial of the present case has already commenced and 10 witnesses have been examined by the prosecution. That, there are approximately 30 witnesses in the present case. 1/2

Tandale 909-BA-2924-2019.odt 4.

In my earlier Order dated 5th October 2017, it has been observed that, when the Applicant was on bail in earlier crime, has committed present crime and that was one of the main grounds for rejecting his earlier Application.

Perusal of record would indicate that, there is no change in circumstance at all to release the Applicant on bail. 5.

As the trial of the present case has already commenced, the learned Additional Sessions Judge, Niphad seized of the present case i.e. Sessions Case No.12 of 2020, is hereby directed to expedite the hearing of the said case and to make an endeavor to conclude the same on or before 31st December 2021.

6.

The prosecution/Investigating Agency so also the Applicant are directed to co-operate with the Trial Court in speedy disposal of the said case without seeking adjournments in the matter.

7.

Application is accordingly dismissed in the aforesaid terms. 8.

Registry is directed to forward a copy of present Order to the Applicant who is presently lodged at Nashik Road Central Jail, Nashik. [A.S. GADKARI, J.] 2/2