Vinaykumar S/O Dwarkaprasad Batho v. The State Of Maharashtra Through Pachpaoli Ps Nagpur

1 / 2 3.ba52.2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO. 52 OF 2025 Vinaykumar S/o Dwarkaprasad Batho Vs.

State of Maharashtra, Thru. PS Pachpaoli, Nagpur ---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

---------------------------------------------------------------------------------------------- Mr. Arjun Vinod Bobde, Advocate h/r Mr. S.A. Jadhao, Advocate for applicant.

Mr. V.A. Thakare, APP for respondent/State.

CORAM : SMT. URMILA JOSHI PHALKE, J.

DATE : 06.05.2025 This is an application for grant of bail.

2.

Heard the learned counsel to some extent, the one of the ground raised in the application is delay in trial. Learned APP pointed out that now trial is already commenced, seven witnesses are already examined. In view of the observations made by the Hon'ble Apex Court in the case of X Vs. State of Rajasthan and anr. in Special Leave Petition (Criminal) No.13378/2024, reported in 2024(4) Crimes (SC) 537, wherein it is observed that ordinarily in serious offences like rape, murder, dacoity etc. once the trial commences and the Prity

2 / 2 3.ba52.2025 prosecution starts examined its witnesses, the Court be it the Trial Court or the High Court should be loath in entertaining the bail application of the accused. In view of the said, the learned counsel for the applicant seeks permission to withdraw the application with direction to expedite the trial by the trial Court.

3.

Considering the submissions made by the learned counsel for the applicant and considering the fact that seven witnesses are already examined. The applicant is arrested on 14.04.2021 i.e. more than four years, he is behind bar, the trial Court shall expedite the trial and shall dispose it at the earliest by keeping it on day-to-day basis.

4.

The application is disposed of.

(SMT. URMILA JOSHI PHALKE, J) Prity