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Bombay High CourtBA/1288/2024rejected

Shubham Balasaheb Takale v. State Of Maharashtra

2024-08-20Hon'Ble Shri Justice Anil S. Kilor2 pages

7-BA-1288-24.DOC Sayali Upasani

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1288 OF 2024 Shubham Balasaheb Takale ...Applicant Vs.

The State of Maharashtra

...Respondent

Mr Kuldeep Nikam, for the applicant.

Mr. P. H. Gaikwad, APP for State-Respondent.

Mr. Nilesh Nalawade, API, Present.

CORAM:- ANIL S. KILOR, J.

DATED:- 20th AUGUST, 2024 PC :- 1) Heard.

2) By this application under Section 439 of the Code of Criminal Procedure the applicant is seeking bail in Crime No. 219 of 2018 registered with Wakad Police Station, Pune for the offences punishable under Sections 120-B, 302, 307, 323, 506, 141, 147, 148 and 149 of the Indian Penal Code, 1860 and Section 4/25 of Arms Act, 1959 and Section 37 (1)(3) read with Section 135 of Maharashtra Police Act, 1951.

3) This is a successive Bail Application moved by the applicant after rejection of the first Bail Application on merit. While rejecting the first Bail Application this Court recorded the reasons in detail in the order dated 21st January, 2020.

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7-BA-1288-24.DOC 4) Being successive Bail Application, I have tried to find out whether there is change in circumstance, which the learned Counsel for the applicant failed to point out except the delay in trial. 5) However, considering the reasons recorded by this Court for rejection of the Bail Application and the incriminating material available against the applicant, I am of the opinion that this is not a fit case for grant of bail on the ground of merit and as there are no change in circumstance.

6) However, considering the period of incarceration, I am of the opinion that the purpose would be served, if the trial Court is directed to expedite the trial.

7) In that view of the matter, the application is rejected. 8) The trial Court is directed to expedite the trial and try to conclude the trial in next nine months.

9) The learned Counsel for the applicant undertakes to place copy of this order on the record of the trial Court within two weeks. [ANIL S. KILOR, J.] 2/2