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Bombay High CourtBA/3540/2023disposed off

Kiran Anil Nirbhavne v. State Of Maharashtra

2024-01-19Hon'Ble Smt. Justice Bharati Dangre2 pages

1/2 1 BA 3540-23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3540 OF 2023 Kiran Anil Nirbhavne ..

Applicant

Versus

State of Maharashtra ..

Respondent WITH INTERIM APPLICATION NO. 4423 Of 2023 IN CRIMINAL BAIL APPLICATION NO. 3540 OF 2023 Ram Jagannath Karande ..

Applicant

Versus

State of Maharashtra ..

Respondent ...

Mr. Rajendra Shirodkar with Archit Sakhalkar, Nihav Ghag and Darshan Zagade for the applicant.

Smt. Mahalaxmi Ganpati, APP for the State.

Mr.Pradyumna Waghmare with Mr.Mahesh Gupta for the intervenor/First Informant.

Sr.P.I. Smt. Renuka Buwa from Vile Parle Police Station, present. CORAM: BHARATI DANGRE, J.

DATED : 19th JANUARY 2024 P.C:- The second Bail Application is filed, upon the first being withdrawn on 25/8/2022, when I expressed my Tilak

2/2 1 BA 3540-23.doc disinclination to entertain the same on, on appreciating the material compiled against the applicant, when he face the charge under Section 302 r/w Section 143, 145, 147, 149, 120B of the IPC.

Once again, on hearing the application for the second time, I cannot but arrive at the same conclusion about his involvement in the brutal murder of a young person Vishal. The learned Senior counsel Mr.Shirodkar seek permission to withdraw the application with only request that in considering the long incarceration of the applicant, the trial shall be expedited.

Though I cannot give a time bound schedule for the trial Judge to conclude the trial, I hope and trust that considering the long period of incarceration of the accused persons in the subject C.R, the trial shall be expeditously concluded. Another difficulty which is faced, is that though the learned Judge has framed the charge, by securing the presence of the accused from V.C. through Jail, they have refused to sign the charge.

Let the learned Judge ensure the presence of all the accused persons before him personally to sign the charge, so that the trial can proceed ahead.

( SMT. BHARATI DANGRE, J.) Tilak