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Bombay High CourtBA/438/2023disposed off

Prasanna S/O. Venkat Reddy v. State Of Mah. Thr. Pso Gadchiroli, Ps Gadchiroli Tahsil And Distt. Gadchiroli.

2023-06-26Hon'Ble Justice Urmila Joshi Phalke2 pages

(1) 43.ba.438.2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO.438 OF 2023 Prasanna s/o Venkat Reddy Vs.

State of Maharashtra, Through P.S.O. Gadchiroli, Police Station, Gadchiroli ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. H. P. Lingayat, Advocate for applicant.

Mr. M. J. Khan, APP for respondent/State.

CORAM :

URMILA JOSHI-PHALKE, J.

DATED : 26/06/2023 1.

The application is for grant of bail under Section 439 of the Code of Criminal Procedure. 2.

As per the accusation, the present applicant and other co-accused in furtherance of the conspiracy, hatched by the other co-accused, executed the plan and caused the death of the deceased Raipure. Admittedly, there is no direct evidence against the present applicant. However, circumstantial evidence collected by the Investigating Officer, during the investigation, shows the association of the present applicant with the co-accused which is sufficient at this stage to connect the present applicant with the alleged offence, therefore, Court has expressed that the Court is not inclined to grant bail.

(2) 43.ba.438.2023 3.

Learned Counsel Mr. Lingayat for the applicant submitted that the applicant is in jail since last two years and requested for the direction to expedite the trial.

4.

The applicant is arrested on 06.07.2021 since two years. Now investigation is completed. The charge-sheet is already filed.

5.

Learned Counsel Mr. Lingayat submitted that yet charge is not framed.

6.

The learned trial Court shall expedite the trial and shall make every endeavour to conclude the trial within eight months. If trial is not concluded or on before end of February 2024, the applicant is at liberty to move to this Court with afresh bail application. 7.

The application is disposed of.

(URMILA JOSHI-PHALKE, J.) Sarkate SARKATE 17:36