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Bombay High CourtBA/755/2021disposed off as a withdrawn

Mangesh @ Prasad Gajanan More v. State Of Mah. Thr. Pso Ps Dhamangaon Badhe, Dist.Buldhana

2021-09-20Hon'Ble Shri Justice Rohit Baban Deo2 pages

ba755.21.O.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (BA) NO.755 OF 2021 (Mangesh @ Prasad Gajanan More Vs. State of Maharashtra thr. PSO PS Dhamangaon Badhe, Dist. Buldhana) ------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar's Orders.

------------------------------------------------------------------------------------------------------------------------------------- Mr. S. V. Sirpurkar, Advocate for Applicant.

Mr. N. S. Rao, APP for Non-Applicant/Respondent/State. Mr. A. G. Hunge, Advocate to assist the prosecution. CORAM: ROHIT B. DEO, J.

DATE: 20 th SEPTEMBER, 2021.

The applicant approached this Court vide Criminal Application (BA) 1019/2020 and vide order dated 05.01.2021 Smt. Pushpa V. Ganediwala, J. permitted the applicant to withdraw the application and granted liberty to apply afresh if the trial does not commence within six months. The request for withdrawal was made after the learned Judge expressed disinclination to grant bail. 2.

The order-sheet of the trial which is placed on record reveals that on most of the dates of hearing the applicant, who is arraigned as accused 2, was not produced from jail custody. However, it is fairly admitted that probably the order dated 05.01.2021 was not brought to the notice of the Court. Be that as it may, since two accused are in jail custody, it is only appropriate that the trial is conducted as expeditiously as possible.

ba755.21.O.odt 3.

The learned trial Judge is requested to frame the charge in the next thirty days and to conclude the trial, as far as possible, within the next eight months. 4.

If there is no significant progress, despite this order, in the next ninety days, the applicant shall be entitled to approach this Court again seeking bail.

5.

The Registry shall ensure that this order is brought to the notice of the trial court within the next seven days.

6.

The learned counsel for the applicant and the learned counsel who is assisting the prosecution are also requested to bring this order to the notice of the trial court as soon as possible.

7.

The learned counsel for the applicant seeks leave to withdraw the application, in view of the liberty granted by this Court.

8.

The application is disposed of as withdrawn.

JUDGE NSN