Bombay High CourtBA/1220/2021disposed off as a withdrawn

Siddhart S/O Jagannath Dhunde v. State Of Mah., Thr. Police Station Officer, Police Station Akot Gramin, Tq. Akot, Dist. Akola

2021-12-17Hon'Ble Shri Justice Rohit Baban Deo3 pages

1 ba 1220.2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

Criminal Application (BA) No. 1220 of 2021 (Siddhart S/o Jagannath Dhunde ..vs.. State of Maharashtra through its P.S.O., P.S. Akot Gramin, Tq. Akot, District Akola) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Ishant V. Tambi and Mr. Ayush Sharma, Advocates for the applicant Mr. M. K. Pathan, APP for the State/non-applicant CORAM : ROHIT B. DEO , J .

DATED : 17-12-2021 This application is preferred on the premise that the applicant is entitled to the liberty to revive prayer for bail.

While rejecting the application for bail, this Court recorded in order dated 7-7-2021 in Criminal Application (BA) 566/2021 that the trial Court is requested to expedite the trial and to complete the same within six months from the date of framing of charge and if there is no significant progress in the trial in the coming four months, the applicant shall be at liberty to renew the request for bail.

Since it is not clear from the paper book whether the order of the High Court which granted

2 ba 1220.2021 liberty was brought to the notice of the trial Judge, the following order was passed on 3-12-2021.

"The applicant shall file affidavit of a responsible person who has verified the record, whether the order dated 7-7-2021 in Criminal Application (BA) 566 of 2021 was placed on record of the jurisdictional Court. It is noted that there is no disclosure in the application whether the order dated 7-7-2021 was brought to the notice of the learned trial Judge at all. The applicant shall also place on record the copy of the order-sheet.

Stand over to 17-12-2021."

Today, initially time was sought to disclose whether the High Court order was brought to the notice of the learned trial Judge. However, noticing that the applicant has approached this Court directly with renewed prayer for bail, this Court expressed the view that the applicant ought to approach the learned trial Judge. In this view of the matter, learned counsel for the applicant seeks leave to withdraw this application with liberty to approach the learned trial Judge.

The application is disposed of as withdrawn.

3 ba 1220.2021 6.

While considering the renewed prayer, the learned trial Judge shall give due consideration to the observations of this Court in the order dated 3-12-2021 in Criminal Application (BA) 1220/2021.

JUDGE wasnik YUVRAJ WASNIK