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Bombay High CourtBA/3621/2019disposed off

Gorakh @ Goraksh Baban Kankate v. The State Of Maharashtra

2021-08-21Hon'Ble Shri Justice A.S. Gadkari2 pages

Tauseef 35-BA.3621.2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.3621 OF 2019 Gorakh @ Goraksh Baban Kankate ...Applicant V/s.

The State of Maharashtra

...Respondent

Mr. S. S. Jadhav, Advocate for Applicant.

Mrs. M. H. Mhatre, APP for Respondent (State).

CORAM

: A. S. GADKARI, J.

DATE : 21st AUGUST, 2021.

P.C. :

1.

At the outset, learned APP submitted that, the trial of the present crime has already reached at fag end and as of today, the prosecution has examined 28 witnesses. He, on instructions further submitted that, the prosecution is intending to examine approximately 10 more witnesses before filing closure of evidence pursis. The said statement is accepted. He, submitted that, it may take approximately three months for the prosecution to examine the balance witnesses and the prosecution will not seek any adjournment before the Trial Court, unless and until some exigencies, such as medical problem for the concerned witnesses or officials has to attend emergency duty arises. Pg 1 of 2

Tauseef 35-BA.3621.2019.doc 2.

In view thereof, Mr. Jadhav, learned Advocate for the Applicant seeks leave to withdraw the present Application with liberty to file a fresh Application for Bail, if the trial of the present case i.e. MCOC Special Case No. 19 of 2015, is not concluded on or before 31st December 2021. 3.

In view of the statement made by the learned APP before this Court, learned Special Judge seized of the trial of MCOC Special Case No. 19 of 2015, is hereby requested to make an endeavour to conclude and decide the trial of the said case on or before 31st December 2021. 4.

Application is disposed off, as withdrawn, with the aforesaid directions.

(A. S. GADKARI, J.) Pg 2 of 2