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Bombay High CourtBA/1107/2020disposed off

Akash @ Gotya S/O. Ashok Ghode v. The State Of Maharashtra

2020-10-13Hon'Ble Shri Justice V.K. Jadhav2 pages

8-BA-1107-2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 8 BAIL APPLICATION NO. 1107 OF 2020 AKASH @ GOTYA S/O. ASHOK GHODE

VERSUS

THE STATE OF MAHARASHTRA ......

Advocate for Applicant : Mr. Kolhe Mukund L.

APP for Respondent-State : Mr. A. S. Shinde .....

CORAM : V. K. JADHAV, J.

DATED : 13TH OCTOBER, 2020 PER COURT :- 1.

I have heard learned counsel for the applicant for some time. Learned counsel, on instructions, seeks leave to withdraw this application. Learned counsel however submits that the applicant is in jail in connection with the present crime since more than three years and even though trial is commenced, progress of the case is very slow. Learned counsel submits that the prosecution has examined first witness on 23.07.2019 and the evidence of the second witness was recorded during 03.08.2019 to 02.12.2019. Thereafter, the case was adjourned at the instance of the prosecution time to time. Learned counsel submits that vre/-

8-BA-1107-2020.odt necessary directions may be given to the trial court to dispose off the case expeditiously in a time-bound manner. 2.

Leave granted. The application is disposed off as withdrawn.

3.

I have carefully gone through the common order passed by the Additional Sessions Judge-4, Jalna in Sessions Case No. 179 of 2017 below Exhibits 101, 102, 103 and 104. In para no. 7, learned Additional Sessions Judge-4 has also observed that charge was framed on 02.12.2017 and prosecution started its first witness on 23.07.2019. It has also been observed that the record speaks in volumes that no one else except prosecution can be blamed for delay in this trial. In view of the same, the trial court is hereby directed to dispose off the case expeditiously on priority basis, by day to day hearing if possible, preferably within four months from the date of this order. The application is accordingly disposed off.

( V. K. JADHAV, J. ) vre/-