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Bombay High CourtBA/2308/2024disposed off

Rahul Joginder Shah v. The State Of Maharashtra

2024-07-01Hon'Ble Shri Justice Manish Pitale2 pages

21.BA.2308.2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2308 OF 2024 Rahul Joginder Shah ...Applicant

Versus

The State of Maharashtra

...Respondent

***  Mr. Pranay Saraf i/b Mr. Diptendu Bose, Mr. Aniket Mukadam, Mr. Kamlesh Satre and Mr. Puneet Fonia, for Applicant.  Mr. Mayur S. Sonavane, APP for Respondent.

 Mr. R.N. Loke, PSI, Sakinaka Police Station. SHRIKANT SHRINIVAS MALANI by SHRIKANT SHRINIVAS MALANI Date: 2024.07.01 18:57:39 +0530 *** CORAM : MANISH PITALE, J.

DATE : 01st July, 2024.

P. C. :

1.

The present applicant has remained behind bars for more than 4 years. The learned counsel for the applicant submits that this is a case of circumstantial evidence. There is no eye witness. It is submitted that the proceedings before the Trial Court have been adjourned repeatedly for the past more than 3 months for framing of charge. 2.

The learned APP submits that the proceedings before the Trial Court are listed tomorrow i.e. 02nd July, 2024, for framing of charge. The Roznama brought to the notice of this Court shows that the charge could not be framed because the accused i.e. the applicant was not produced before the Trial Court. In fact, the Roznama of 13th June, 2024 of the Trial Court shows that the production warrant was issued and the concerned incharge of Jail has Shrikant Malani

21.BA.2308.2024.doc been directed to produce the accused for framing of charge. 3.

The learned APP assures this Court that the concerned authorities will take necessary steps to ensure that the accused is produced before the Trial Court tomorrow i.e. 02nd July, 2024, when the proceedings are listed for framing of charge.

4.

List the application for further consideration on 08th July, 2024, "High on Board."

(MANISH PITALE, J.) Shrikant Malani