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Bombay High CourtBA/1994/2023withdrawn

Amol Narayan Buktare v. The State Of Maharashtra

2023-12-18Hon'Ble Shri Justice S. G. Chapalgaonkar2 pages

(1) 34-ba-1994-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.1994 OF 2023 AMOL NARAYAN BUKTARE VS THE STATE OF MAHARASHTRA ...

Mr. N. S. Ghanekar, Advocate for the Applicant. Mr. A. S. Shinde, APP for Respondents-State.

...

CORAM : S. G. CHAPALGAONKAR, J.

DATED : 18th DECEMBER, 2023.

PER COURT:- 1.

The learned Advocate appearing for the applicant on instructions seeks permission to withdraw the application. However, points out that the evidence in this matter has already been recorded. The matter was at the stage of recording statement under Section 313 of the Criminal Procedure Code. The application was moved on behalf of the informant/complainant invoking Section 311 of the Criminal Procedure Code.

2.

Mr. Ghanekar, learned Advocate appearing for the applicant would submit that the witnesses examined on behalf of the prosecution have turned hostile and practically there is no evidence that would lead to the conviction of the applicant. The applicant is behind the bar for more than two years. However, it has been prolonged for one and other reasons. Therefore, he persuades this Court to expedite the trial.

3.

In view of the aforesaid circumstances, it would be appropriate to direct the Sessions Court to conclude the trial within stipulated period. Hence, following order:

(2) 34-ba-1994-2023.odt

ORDER

a.

Bail Application is dismissed as withdrawn.

b.

The learned Sessions Judge shall expeditiously proceed with the trial and make endeavour to conclude the same by 31.03.2024. (S. G. CHAPALGAONKAR) JUDGE Devendra/December-2023