Sahadev S/O Bhagwat Pawar v. The State Of Maharashtra

34-ba-1055-2023.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.1055 OF 2023 SAHADEV S/O BHAGWAT PAWAR

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. More Abhijit S.

APP for Respondent/State : Mr. S.B. Narwade ...

CORAM : S.G. MEHARE, J.

DATED : JULY 17, 2023 PER COURT:- 1.

Heard learned counsel for the applicant and learned APP for the State.

2.

The applicant is seeking bail since there is no progress in the trial. The sessions case is of 2022. The report of the trial Court reveals that the draft charge was submitted by the learned APP; however, thereafter the judicial officer had to go for training. Thereafter, the applicant moved bail application by changing the lawyer and then the bail application was decided on 29.04.2023. Thereafter, there were summer vacations and the case was fixed for framing the charge. The lawyer from the legal aid was also provided to the applicant. Today, the case is fixed for framing the charge. 3.

Considering the facts disclosed by the learned Sessions Judge, Osmanabad, there appears no deliberate delay on the part of

34-ba-1055-2023.odt (2) the prosecution. The case is of 2022 and it is likely to be opened in near future. Therefore, it cannot be said that there is no possibility of concluding the trial in near future. Therefore, the Court expressed disinclination to grant the bail.

4.

Learned counsel for the applicant prayed to direct to expedite the trial. No reasons were found to expedite the trial as the trial Court is taking the care of the matter and trying his level best to dispose of the matter at the earliest. The applicant has no case on merit. Therefore, the application stands dismissed. (S.G. MEHARE, J.) Mujaheed//