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Bombay High CourtBA/678/2017rejected

Uttam S/O. Baban Babhulkar (In Jail) v. State Of Maharashtra Thr. P.S.O. Shegaon (City) Tq. Shegaon Dist. Buldana

2017-09-21Hon'Ble Shri Justice V.M. Deshpande2 pages

ba.678.17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION(BA) 678 OF 2017 ( Uttam Baban Babhulkar..vs..State of Maharashtra, through PSO.PS.Shegaon(City),Tq.Shegaon,District-Buldhana) _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Shri Mahesh Rai,Advocate for applicant.

Shri M.J.Khan, A.P.P. for State-non-applicant with Shri A.P.Tathod,Advocate (assist to prosecution) CORAM : V.M.DESHPANDE, J.

DATED :SEPTEMBER 21, 2017 Heard learned counsel for applicant and learned A.P.P. for the State-non-applicant.

This is an application for regular bail.

During the course of hearing , it is made known to the Court by learned A.P.P. and learned advocate (assist to prosecution) that in fact the trial has already commenced. Not only that five witnesses are already examined and trial is stayed because of order granting permission to the accused for recalling witness is challenged before this Court by the prosecution. Be that as it may, since the trial has already commenced, I see no reason to release the applicant on bail. Furthermore, there are serious accusations against the present applicant. Application stands rejected.

ba.678.17.odt CRIMINAL APPLICATION (APPP) NO.1343 OF 2017 The application is allowed.

JUDGE Kitey