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Bombay High CourtBA/1150/2021disposed off

Raju @ Raju Bihari S/O Rohan Charpe v. State Of Mah. Thr. P.S.O. Paratwada, Paratwada, Tq. Achalpur, Dist. Amravati.

2021-12-21Hon'Ble Shri Justice Vinay Joshi2 pages

1 25ba1150.21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO. 1150/2021 (Raju @ Raju Bihari S/o Rohan Charpe Vs. State of Maharashtra) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri D. Khushlani, Advocate for applicant.

Shri H. Dubey, APP for non-applicant/State.

CORAM : VINAY JOSHI, J.

DATED : 21.12.2021.

Heard 2.

This is a second bail application in Crime No. 428/2020 for offence punishable under Sections 302, 201 read with Section 34 of the Indian Penal Code. This Court has rejected earlier bail application on 23.04.2021 with liberty to apply fresh, if charge is not framed within six months. In such eventuality, the second bail application has been filed.

3.

The prosecution case was based on the circumstantial evidence. Considering the material collected by the prosecution, the earlier bail application was rejected on merits. This time, the only ground which the applicant agitates is about non-framing of charge within six months and delay in holding the trial. The Roznama indicates that though within six months from 23.04.2021 charge was not framed, however on 13.12.2021 charge has been framed and the matter was posted for fixing the programme of the Sessions Trial on 27.12.2021. In the eventuality, there is no justification in

2 25ba1150.21 reconsidering the bail application. However, certain directions can be given to the Trial Court to expedite the proceeding.

4.

In view of above, application stands disposed of. The learned Trial Court is requested to conclude trial within six months from today.

5.

Inform concerned accordingly.

JUDGE Gohane by JITENDRA BHARAT GOHANE Date:

2021.12.22 11:21:43 +0530 JITENDRA BHARAT GOHANE