Vicky Babarao Dharale v. State Of Mah. Thr. Pso Ps Kelwad Tah.Saoner Dist.Nagpur

83-ba-344-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Criminal Application (BA) No. 344 of 2022 Vicky Babarao Dharale

Versus

State of Maharashtra, through Police Station Officer, Police Station Kelwad, Tahsil Saoner, Dist. Nagpur Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri D.V.Chauhan, Advocate for the applicant. Ms Shamshi Haider, APP for the State / Non-applicant CORAM : ANIL S. KILOR, J.

DATED : 10th JUNE, 2022.

Heard learned counsel for the applicant and learned Additional Public Prosecutor.

2.

This is a second bail application after rejection of first bail application by this Court vide order dated 6th January, 2021. While rejecting the bail application, this Court permitted the applicant to move the application afresh before this Court, if within one year there would be no effective hearing (i.e. framing of charge, evidence etc.) commenced in the trial before the trial Court.

SKNair

83-ba-344-22.odt 3.

It is submitted that though the charge is framed but there is no substantive progress in the trial. It is pointed out that charge was framed in the month of September, 2021 and the trial is now fix for programme. He, therefore, submits that this Court may consider the request of the applicant.

4.

Considering the fact that the charge is framed, I am of the opinion that purpose would be suffice, if the trial Court is directed to expedite the trial with liberty to the applicant that if there will no progress in next six months, the applicant could move an application afresh.

5.

Accordingly, the application is disposed of with a request to the trial Court to expedite the trial and try to finish it within next six months.

6.

The liberty is granted to the applicant that in case there would be no substantive progress in the trial, he is at liberty to move an application for grant of bail afresh.

[ANIL S. KILOR, J.] by SACHINDANAND K NAIR Date: 2022.06.13 13:44:14 +0530 SACHINDANAND K NAIR SKNair