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Bombay High CourtBA/341/2025disposed off as a withdrawn

Yuvraj Nemchand Patle v. State Of Maharashtra, Thr. Pso, Ps Wathoda, Nagpur

2025-04-22Hon'Ble Justice Urmila Joshi Phalke2 pages

ba341.25.O.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (BA) NO.341 OF 2025 (Yuvraj Nemchand Patle Vs. The State of Maharashtra thr. PSO Police Station Wathoda, Nagpur) ------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

------------------------------------------------------------------------------------------------------------------------------------- Mr. N. S. Padia, Advocate for Applicant.

Ms. H. N. Prabhu, APP for Non-Applicant/State. CORAM: URMILA JOSHI PHALKE, J.

DATE: 22 nd APRIL, 2025.

1.

Heard.

2.

This is an application for grant of bail.

3.

One of the ground raised in the application if delay in trial. The learned APP informed that the seven witnesses are already examined by the prosecution and now matter is fixed on 25.04.2025 on which two witnesses are already summoned. In addition to that seven witnesses are to be examined by the prosecution as trial is already commenced and there is progress in the trial. In view of the observation of the Hon'ble Apex Court in the case of X v. State of Rajasthan & Anr. in Special Leave Petition No.13378/2024 wherein the Hon'ble Apex Court held that ordinarily in serious offences like rape, murder, dacoity etc., once the trial commences and the prosecution starts examining its witnesses, the Court be it the Trial Court or the High Court should be loath in entertaining the bail application of the accused.

ba341.25.O.odt 4.

I shown, my disinclination to grant bail. The learned counsel for the applicant seeks permission to withdraw the same. The application is disposed of as withdrawn with direction that the trial court shall dispose of the trial at the earliest by keeping it on day-to-day basis considering the applicant is arrested on 24.02.2021. 5.

The application is disposed of as withdrawn.

(URMILA JOSHI-PHALKE, J.) NSN