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Bombay High CourtBA/2692/2018other disposed off

Ashish Manohar Surve v. The State Of Maharashtra

2019-08-07Hon'Ble Justice Revati Mohite Dere3 pages

1/3 nsc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.2692 OF 2018 Ashish Manohar Surve ...Applicant

Versus

State of Maharashtra

...Respondent

Mr.A.B.Sharma, for the Applicant.

Mr.S.S.Hulke, A.P.P for the Respondent - State. P.I. - Sanjay Patil, Kapurbawdi Police Station, Thane, is present. CORAM : REVATI MOHITE DERE, J.

DATE : 7th AUGUST, 2019 P.C. :

1.

This is the second bail application preferred by the applicant. The first bail application of the applicant was rejected on merits by this Court vide order dated 5th July, 2016, passed in Criminal Bail Application No.2336 of 2015. Whilst rejecting the said application on merits, the learned Judge was directed to dispose of the case expeditiously. 2.

Learned Counsel for the applicant submitted that only six

2/3 witnesses have been examined till date and that the applicant is languishing in jail for almost six years. He further submitted that the nature of injuries are not serious/grievous.

3.

Learned APP states that the prosecution intends to examine 15 to 20 more witnesses. He, however, states that the trial of the applicant be expedited.

4.

As far as merits are concerned, the first Bail Application of the applicant was rejected on merits. Considering the nature of injuries sustained by the injured and the material qua the applicant and the fact that the trial has commenced and that six witnesses have been examined till date and having perused the report of the learned Sessions Judge, the trial of the applicant is expedited. The learned Judge to conclude the trial as expeditiously as possible and preferably within 9 months from the date of receipt of this order.

5.

All parties to co-operate in the conduct of the trial. The police to ensure that the accused as well as the witnesses are produced before the

3/3 trial Court on the dates given by the trial Court. Learned APP assures that the witnesses as well as the accused will be produced before the trial Court on the dates given by the trial Court.

6.

Application is accordingly disposed of.

REVATI MOHITE DERE, J.