Prakash @ Pakkya Bhimkumar Kosare v. The State Of Maharashtra, Thr. Pso, Ps, Wathoda, Nagpur

2025:BHC-NAG:8366

(1) 925.ba.489 & 899.2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO.489 OF 2025 Ajay s/o Yeshwant Bokade Vs.

State of Maharashtra, through Police Station Officer, Police Station, Wathoda, Nagpur WITH CRIMINAL APPLICATION (BA) NO.899 OF 2025 Prakash @ Pakkya Bhimkumar Kosare Vs.

State of Maharashtra, through Police Station Officer, Police Station, Wathoda, Nagpur -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. S. D. Chande, Counsel for the applicants. Ms. H. N. Prabhu, APP for non-applicant/State. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 19/08/2025 1.

The applications are for bail mainly on the ground of delay in trial.

2.

Learned APP informed that 9 witnesses are already examined and more 10 to 12 witnesses prosecution wants to examine. There is no dispute as to the fact that the applicants are arrested on 29.12.2020. Learned APP also relied upon the X Vs. State of Rajasthan & Anr. in Special Leave Petition (Criminal) No. 13378 of 2024 wherein the Hon'ble Apex Court has observed that ordinarily

(2) 925.ba.489 & 899.2025 in serious offences like rape, murder, dacoity, etc., once the trial commences and the prosecution starts examining its witnesses, the Court be it the Trial Court or the High Court should be loath in entertaining the bail application of the accused. 3.

As already observed that 9 witnesses are already examined and the prosecution has to examine 10 to 12 witnesses more, directions can be issued to the trial Court to dispose of the trial at the earliest. Learned Counsel for the applicants seeks permission to withdraw the applications with liberty to file after six months, if the trial is not concluded within six months.

4.

The applications are disposed of as withdrawn with liberty to file after six months, if the trial is not concluded within six months.

5.

The trial Court shall proceed with the trial and both parties shall cooperate with the trial Court to dispose of the trial within six months.

(URMILA JOSHI-PHALKE, J.) Sarkate