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Bombay High CourtBA/755/2020disposed off

Rahul S/O. Ramjivan Khandelwal @ Rohit Sharma v. The State Of Maharashtra

2020-10-08Hon'Ble Shri Justice V.K. Jadhav2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 914 BAIL APPLICATION NO. 755 OF 2020 RAHUL S/O. RAMJIVAN KHANDELWAL @ ROHIT SHARMA

VERSUS

THE STATE OF MAHARASHTRA ......

Advocate for Applicant : Mr. Gadegaonkar Bharat N. APP for Respondent-State : Mr. A.S. Shinde .....

CORAM : V. K. JADHAV, J.

DATED : 8th OCTOBER, 2020 PER COURT:- 1.

Learned counsel for the applicant seeks adjournment. Learned A.P.P. has pointed out that this Court by order dated 13.2.2020 in bail application No. 82 of 2020 filed by the present applicant rejected the application on merits. In para 6 of the order dated 13.2.2020 this Court (Coram: Mangesh S. Patil, J.) has observed that though there is no direct evidence there is prima facie material to show that the applicant and one more accused had different motive. There are witnesses who have seen the accused persons alongwith the deceased at around 1.30 p.m. on the same day the deceased was killed at 4.30 p.m. Further reference has also been given to the extra judicial confession made by the co-accused Anil before the witnesses.

2.

It thus appears that there is no change in circumstance except the slow progress in the trial.

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Learned counsel for the applicant submits that though the applicant is in jail since more than a year, yet the Sessions Court has not framed charge. In view of above submissions, this application can be disposed of by giving suitable directions to the trial court. 4.

The trial court is hereby directed to dispose of the Sessions Case on priority basis by day to day hearing, if possible, after the normal court functioning begins.

5.

Application is accordingly disposed of.

( V. K. JADHAV, J.) rlj/