Dnyanoba Baburao Mundhe v. The State Of Maharashtra

910- B.A. No. 1206-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 910 BAIL APPLICATION NO.1206 OF 2022 DNYANOBA BABURAO MUNDHE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. A.M. Gaikwad APP for Respondents: Mr. S. P. Deshmukh ....

CORAM : S.G. MEHARE, J.

DATE : JANUARY 19,2023 PER COURT :

1.

Heard the learned counsel for the applicant and learned A.P.P for the respondent/state.

2.

Perused the progress report of the trial received from the learned Additional Sessions Judge, Gangakhed. It reveals that the prosecution has utterly failed to make progress in the trial. The so- called CD has not been provided to the accused from 20.04.2022. There appears lethargy on the part of the prosecution. The applicant is languishing in jail since the year 2017. The Court is not satisfed with the conduct of the prosecution to get the trial disposed of at the earliest. The accused appears to have been deprived of right

910- B.A. No. 1206-2022.odt to have expeditious trial and quick decision. The ofence is of the year 2017. The progress in the trial is too slow and against the right of the accused. In the circumstances, though the ofence is serious, it would be inappropriate to keep the applicant behind bar. Hence, the following order :-

ORDER

i) The application is allowed.

(ii) Applicant Dnyanoba Baburao Mundhe, be released on bail on furnishing P.B. and S.B. of Rs.50,000/- (Rupees Fifty Thousand) with one solvent surety of the like amount, in Crime No. 41/2017, registered with Pimpaldari Police Station, Tq. Gangakhed District Parbhani for the ofences punishable under Sections 302,120-B,109,406,468,201 of the Indian Penal Code on the conditions that :- (a) He shall not tamper with the prosecution witnesses. (b) He shall attend the trial on every efective date. (c) The applicant shall not leave the jurisdiction of the trial Court without its leave.

( S. G. MEHARE ) JUDGE ysk