Kailas S/O Rama Dawar ( Jail) v. State Of Mah., Thr P.So. P.S. Hiwarkhed, Taluka Telhara, Akola

1 ba474.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR Criminal Application (BA) No. 474 of 2019 Kailas Dawar Vs.

State Through P.S. Hiwarkhed Dist. Akola - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. A.S. Londhe, Advocate for applicant.

Mr. M.J. Khan, APP for non-applicant.

CORAM : MANISH PITALE, J.

DATED : JULY 29, 2019 The applicant has approached this Court seeking bail as he stood arrested on 15/09/2018, in connection with FIR registered on the same day for offences under Sections 376(1)(i), 328 of the Indian Penal Code and Sections 3 and 4 of the Protection of Children from Sexual Offences Act, 2012.

2.

An earlier bail application bearing Criminal Application (BA) No. 1126/2018, was disposed of by this Court by order dated 08/1/2019, holding that the applicant was not entitled to bail, although the Trial Court was directed to expedite the trial.

3.

The learned APP informs this Court that the trial has already commenced and one witness has been already examined. The only grievance raised on behalf

2 ba474.19.odt of the applicant is that the trial is not proceeding in an expeditious manner. Record shows that only nine witnesses are to be examined.

4.

In this backdrop, this Court is of the opinion that no case for grant of bail is made out, but, a specific time frame can be laid down for disposal of the proceedings by the Trial Court.

5.

Accordingly, the application is dismissed.

6.

The Trial Court is directed to expedite the trial and ensure that the trial proceeding is over and the Judgment is rendered within a period of six months from today.

JUDGE MP Deshpande