Vijay S/O Ramdas Gurnule v. The State Of Maharashtra Through Pso Ps Ranapratap Nagar Nagpur

1 21 ba 777-2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO.777/2024 Vijay s/o Ramdas Gurnule Vs.

State of Maharashtra thr. P.S.O., P.S., Ranapratap Nagar, Dist. Nagpur - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Akshay Naik, Senior Advocate a/w Shri A.D. Bhate, Advocate for applicant Ms H.N. Prabhu, APP for Non-applicant/State CORAM :

URMILA JOSHI-PHALKE, J.

DATED : 10/12/2024 .

This is an application for grant of bail in connection with Crime No. 251/2020, registered under Sections 420, 406, 409 and 120 (b) read with Section 34 of the Indian Penal Code and under Section 3 of the MPID Act. One of the ground raised by the applicant is that the applicant is behind bar since 19/11/2020 and there is no substantial progress in the trial.

2.

The learned Senior Counsel has also pointed out from the cross examination of the informant that no case would be made out under Section 409 and therefore applicant shall not be kept behind bar by way of punishment.

3.

The initial bail application was rejected by this Court observing that prima facie case is made out and there is a huge magnitude involved in the said scam. Now the trial is already commenced and four

2 21 ba 777-2024 witnesses are already examined as per the report of the Special Court. Considering the huge magnitude involved, at this stage, though the applicant is behind bar for more than three and half years and considering the trial is already commenced shown my disinclination to grant bail, therefore, learned Senior Counsel requested for liberty to approach to this Court after three months, if there is no substantial progress in the trial.

4.

Considering the huge stake and the number of witnesses cited by the prosecution, it would be appropriate to grant a liberty after six months, if there is no substantial progress in the trial. In view of that the application is disposed of as withdrawn with liberty to file after six months, if there is no substantial progress. The application is disposed of.

JUDGE Jayashree....