Nandu S/O Rajesh Bagade v. The State Of Maharashtra Through Pso Ps Civil Lines Akola

37ba1010.2024.odt IN T HE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO. 1010 OF 2024 Nandu Rajesh Bagade Vs State of Maharashtra Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. S.V. Sirpurkar, counsel for applicant.

Mr. K.R.Lule, APP for non-applicant/State.

CORAM : URMILA JOSHI-PHALKE, J.

DATED : 06/12/2024.

1.

This is an application for grant of bail in connection with Crime No. 273/2022 registered with Police Station Civil Lines, Akola, for the offence punishable under Sections 302 and 324 of the Indian Penal Code, 1860, along with Sections 4 and 25 of the Arms Act. One of the grounds raised by the learned counsel for the applicant in the application is for delay in trial, and he has also filed on record the Roznama. 2.

The applicant is arrested on 30/05/2022. It is submitted that the trial has not progressed substantially. 3.

Per contra, learned APP submitted that one witness is already examined. In view of the observations of the Hon'ble Apex Court in the case of [X Vs State of Rajasthan dated 27/11/2024], wherein it is mentioned that it is only in the event if the trial gets unduly delayed and that too for no fault on the part of the accused, the Court may be justified in ordering his release on bail on the ground that right of the accused to have a speedy trial has been infringed. rkn

37ba1010.2024.odt 4.

Considering now, the trial is already commenced, and prosecution has to conclude the trial at the earliest. 5.

Learned counsel for the applicant seeks liberty to withdraw the application with liberty to file after six months if the trial is not concluded.

6.

Considering the fact that the trial is not concluded within six months, the applicant is at liberty to file an application afresh.

7.

The criminal application is disposed of as withdrawn.

[URMILA JOSHI-PHALKE, J.] rkn