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Bombay High CourtBA/2973/2017others disposed off

Rajesh Subaray Acharya v. The State Of Maharashtra

2018-06-28Hon'Ble Shri Justice A.S. Gadkari2 pages

32-ba-2973-17 Nalawade FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2973 OF 2017 Rajesh S. Acharya vs. State of Maharashtra Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Prashant Mohite for the Applicant.

Mr. M.G.Patil, APP. for the Respondent-State. CORAM : A.S.GADKARI, J.

DATE : 28th June, 2018 P.C.

1.

This is an application under Section 439 of the Cr.P.C. for bail in CR No. 434/2015 dated 3.9.2015 registered with Malad Police Station, Mumbai under Sections- 498(a),306, 504,506 of the Indian Penal Code and now culminated into Sessions Case No.61/2016.

2.

Heard the learned counsel for the applicant and the learned APP. Perused the charge sheet.

3.

This is the second application for bail by the applicant. The earlier application for bail preferred by the applicant was rejected by the co-ordinate Bench of this Court ( Shri. P. N. Page-1/2

32-ba-2973-17 Deshkukh, J.) as per its Order dated 26.6.2016. The applicant thereafter preferred an application for bail before the Trial Court which was rejected by the impugned order dated 15.3.2017. Prima facie it appears that, except passage of time, there is no change in circumstance than the earlier Order dated 16.6. 2016.

4.

The learned counsel for the applicant submitted that the applicant is in jail since 26.9.2015. The Sessions Case No.61/2016 is pending on the file of the learned Additional Sessions Judge, Dindoshi, Borivali Division, Dindoshi, Mumbai and till date charge is not framed.

5.

In view of the fact that, the applicant is in jail since 26.9.2015, the learned Additional Sessions Judge at Dindoshi, Borivali Division, Goregaon, Mumbai is hereby directed to make an endeavor to conclude the trial of the Sessions Case No.61/2016 on or before 31.12.2018.

6.

Application is accordingly disposed off.

(A.S.GADKARI, J.) Page-2/2