Suresh Subhash Gaikwad v. State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BIPIN DHARMENDER PRITHIANI PRITHIANI Date: 2024.07.16 10:51:01 +0530 CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 4220 OF 2023 Sumit Atmaram Talekar & Anr.
...
Applicants
Versus
The State of Maharashtra ...
Respondent WITH BAIL APPLICATION NO. 1082 OF 2024 Suresh Subhash Gaikwad ...
Applicant
Versus
The State of Maharashtra ...
Respondent ****** Mr. Ashish B. Jagtap h/f B. L. Jagtap for the Applicant in BA/ 4220/2023.
Ms. Sana Raees Khan a/w Aditya Parmar and Ruchit Rajpurohit for the Applicant in BA/1082/2024.
Ms. Rutuja Ambekar, APP for Respondent-State. API - Tukaram Mengal, Aarey Police Station.
****** CORAM: MANISH PITALE, J.
DATE : 15th JULY 2024 P.C. :
.
These applications are being pressed primarily on the ground that four co-accused persons have been granted bail and that the applicants before this Court have remained incarcerated since 4th June 2015.
2.
Reliance is placed on certain orders passed by the Supreme Court, wherein long incarceration coupled with the fact that the trial would take a long period of time, were factors taken into
consideration by the Supreme Court, for enlarging accused persons on bail.
3.
In the present case, the learned APP has handed over a statement, wherein it is specifically stated that 29 prosecution witnesses are already examined before the trial Court and only one more prosecution witness remains to be examined. It is submitted that the trial would therefore be completed in the foreseeable future and hence, the applicants cannot claim relief on the ground that they have remained incarcerated for long period of time and the trial would remain pending for considerable period of time.
4.
This Court is of the opinion that in view of the statement made on behalf of the prosecution, appropriate directions can be issued to complete the trial and render judgment at the earliest, as the trial is obviously at the fag end. The letter dated 15th July 2024 sent by the Senior Police Inspector to the learned APP is taken on record and marked 'X'.
5.
Considering the fact that only one more prosecution witness is to be examined and next date before the trial Court is 19th July 2024, the applications are dismissed. The trial Court is directed to complete the trial and render judgment on or before 15th September 2024.
6.
In the event, the trial Court is unable to comply with the
said direction for any reason, liberty is reserved with the applicants to renew their prayer for bail.
7.
The applications are dismissed with the above directions. MANISH PITALE, J.