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Bombay High CourtBA/149/2024disposed off as a withdrawn

Ankit S/O. Radheshyam Biranwar v. State Of Mah. Thr. Pso, Ps Ram Nagar, Nagpur.

2024-09-30Hon'Ble Justice Urmila Joshi Phalke2 pages

2024:BHC-NAG:10945 43.ba.149.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (BA) NO.149 OF 2024 (Ankit s/o Radheshyam Biranwar Vs. State of Maharashtra) -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Mr. Y.V. Nayyar, Advocate for the applicant.

Mrs. H.N. Prabhu, APP for the State.

CORAM:- URMILA JOSHI-PHALKE, J.

DATED :- SEPTEMBER 30, 2024 The application is for grant of bail under Section 439 of the Code of Criminal Procedure. 2.

I have heard learned Counsel for the applicant to some extent and perused the order passed by the Division Bench. The Division Bench by order dated 27/06/2024 directed the Sessions Court to dispose of the trial within eight months.

3.

From the copy of the Roznama filed on record it reveals that there is no progress in the trial and in view of directons of Division Bench, the Sessions Court to dispose of the trial within eight months as per the directions of this Court.

4.

It appears that the accused is behind bar since the date of his arrest i.e. 17/12/2019. Learned Counsel for the appellant seeks directions to the Court to expedite the trial and shall dispose of as per the direction of the Division Bench of this Court.

43.ba.149.24.odt 5.

In view of that, learned Counsel for the applicant seeks permission to withdraw the application 6.

The applicant is permitted to withdraw the application with direction that the learned Sessions Court shall dispose of the trial and if there is no progress in the trial within next two months, the applicant is at liberty to file an application before this Court.

7.

The Sessions Court shall fix the programme of three days and shall proceed with the sessions trial. 8.

The District Judge-1, Gondia shall further send a monthly periodical report regarding the progress of the trial to this Court.

9.

The application is disposed of as withdrawn.

(URMILA JOSHI-PHALKE, J.) *Divya