Bombay High CourtBA/1226/2021disposed off as a withdrawn

Sanjay Shyamraoji Salwatkar v. State Of Mha. Thr. Pso Ps Wani Dist.Yavatmal

2021-12-17Hon'Ble Shri Justice Rohit Baban Deo2 pages

1 ba 1226.2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

Criminal Application (BA) No. 1226 of 2021 (Sanjay Shyamraoji Salwatkar ..vs.. State of Maharashtra through P.S.O., P.S., Wani, Distt. Yavatmal) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. A. A. Dhawas, Advocate for the applicant Mrs. K. R. Deshpande, APP for the State/non-applicant CORAM : ROHIT B. DEO , J .

DATED : 17-12-2021 I was not inclined to grant bail to the applicant in Crime No. 980/2020 registered with Police Station, Wani, District Yavatmal for the offences punishable under Sections 302 and 201 of the Indian Penal Code, notwithstanding the submission of learned counsel Mr. Dhawas that the evidence of recovery of the alleged weapon and the mobile of the victim and that of identification by the sniffer dog is inherently a weak piece of evidence.

In my considered view, it would be more appropriate if there is an early trial. At this stage, learned counsel Mr. Dhawas submits that the application be disposed of as withdrawn with a

2 ba 1226.2021 direction to the learned trial Judge to expedite the trial.

The submission is reasonable. While this application is disposed of as withdrawn, the learned trial Judge is requested to frame the charge within thirty days, if not already framed, and to conclude the trial within the next eight months. If there is no significant progress in the trial in the next four months, the applicant shall be at liberty to renew the prayer for bail. The liberty is subject to two conditions. The first is that this order shall be brought to the notice of the trial Court by the applicant or his counsel within the next seven days and the second condition is that the delay in trial, shall not be, attributable to the applicant-accused.

JUDGE wasnik YUVRAJ WASNIK