Nitesh @ Bandya Naresh Barahate v. State Of Mah., Thr. Pso Ps Lakadganj Dist Nagpur

030919ba575.2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICAITON (BA) NO.575/2019 Nitesh @ Bandya Naresh Barahate Vs. State of Maharashtra, through PSO, P.S. Lakadganj, Nagpur _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. M.N.Ali, Advocate for the applicant Mr. J.Y. Ghurde, A.P.P. for non applicant / State. CORAM : V. M. DESHPANDE, J.

DATED : SEPTEMBER 03, 2019 Heard Mr. M.N. Ali, the learned counsel for the applicant and Mr. J.Y. Ghurde, the learned Additional Public Prosecutor for non-applicant/State.

The applicant's first application i.e. Criminal Application (BA) No.954/2017 was allowed to be withdrawn on 12.10.2017. Thereafter, second bail application i.e. Criminal Application (BA) No 97/2018 was allowed to be withdrawn on 16.02.2018. The present is the third application. It is always open for the accused to file successive bail applications, however only he will have to point out change in circumstance. According to the learned counsel Mr. M.N. Ali, since trial is stuck up he is required to move this application.

This application was listed before this Court on 27.08.2019. On the said date, Mr.Ghurde, the learned Additional Public Prosecutor took time to take instructions from the learned Public Prosecutor in-charge of Sessions

030919ba575.2019.odt Trial No.192/2017.

Mr. Ghurde, the learned Additional Public Prosecutor submitted that he has instructions from the learned District Government Pleader of Nagpur who is incharge of Sessions Trial No.192/2017 and he is conducting the prosecution. Mr. Ghurde, the learned Additional Public Prosecutor would submit that as per instructions given to him as on today five witnesses are already examined and though, 43 witnesses are cited, the prosecution may not examine all the witnesses. The learned Additional Public Prosecutor, on the instructions given by the learned District Government Pleader, submitted that the trial will be completed within 31⁄2 months from today.

Statement accepted.

In view of the aforesaid, the present application is disposed of as withdrawn.

The learned Additional Sessions Judge, Nagpur on whose file Session Trial No.192/2017 is pending is directed to complete the trial within a period of six months from the receipt of this order.

The application is disposed of.

JUDGE Diwale