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Bombay High CourtBA/1047/2021disposed off

Santosh Vitthal Sathe v. State Of Mah. Thr. Police Station Officer, Shegaon Railway Aurangabad

2021-11-16Hon'Ble Shri Justice Rohit Baban Deo2 pages

1 ba1047.21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CRIMINAL APPLICATION (BA) NO. 1047 OF 2021 ( Santosh s/o Vitthal Sathe ..vs.. State of Maharashtra, through PSO, Shegaon, Railway Aurangabad ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. S.V. Sirpurkar, Counsel for the applicant, Mr. M.K. Pathan, Addl.P.P. for the non-applicant/State. CORAM : ROHIT B. DEO , J .

DATED : 16-11-2021 I was not inclined to grant bail at this stage. 2.

In this view of the matter, the learned Counsel Mr. S.V. Sirpurkar for the applicant states that the application be dismissed as withdrawn and the trial be expedited. Since one of the considerations for my disinclination to grant bail at this stage is that the most important witness is the fifteen years old son of the coaccused, a submission is made that after the said witness is examined, the applicant be permitted to apply for bail afresh.

3.

The submission is reasonable.

4.

While this application is dismissed as withdrawn, the learned trial Judge is requested to frame the charge within the next one month and to proceed with the trial, as expeditiously as possible. If there is no significant progress in the trial in the next five months, or if the

2 ba1047.21 material witness i.e. the minor son is examined, whichever eventuality occurs earlier in point of time, the applicant shall be at liberty to apply for bail, afresh, before this Court.

5.

The application is disposed of in the aforestated terms.

JUDGE adgokar MANOHARRAO ADGOKAR