Rajkumar Faujdar Pal v. The State Of Maharashtra And ANR

bipin prithiani 2-ba-2508.24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2508 OF 2024 Rajkumar Faujdar Pal ...

Applicant

Versus

The State of Maharashtra & Anr.

...

Respondents ****** Mr. Prabhakar Pandey for the Applicant.

Mr. Kiran C. Shinde, APP for Respondent-State. ****** CORAM: MANISH PITALE, J.

DATE : 12th NOVEMBER 2024 P.C. :

.

In order dated 22nd October 2024, this Court had recorded the rival submissions as regards the status of the trial. 2.

Even today, while the learned counsel for the applicant claims that only 1 witness has been examined, the learned APP, on instructions, makes a statement that 6 witnesses have been examined.

3.

The charge-sheet shows that the prosecution intends to examine total 18 witnesses.

4.

The charge in the present case was framed as far back as on 6th July 2019 and the trial is still pending. The learned counsel for the applicant submits that before the trial Court there is no progress and therefore, on the ground of long incarceration itself BIPIN DHARMENDER PRITHIANI DHARMENDER PRITHIANI Date: 2024.11.12 19:21:29 +0530

bipin prithiani 2-ba-2508.24.doc this Court may allow the present bail application. 5.

It is to be noted that an earlier bail application filed on behalf of the applicant was withdrawn. In such a situation, when there is dispute even on the question as to the number of witnesses examined before the trial Court, it would be appropriate that a report is called from the concerned Court.

6.

Accordingly, the Court of District Judge-II and Additional Sessions Judge, Bhiwandi, is directed to submit a report to this Court on or before 26th November 2024, with regard to the present status of the trial and as to the order passed on the last date of listing before the said Court, concerning Sessions Case No. 575 of 2023.

7.

The aforesaid Court be informed about the order passed today, at the earliest, and if required, through special messenger. 8.

List the application for direction on 27th November 2024, to be listed at the bottom of the supplementary board. MANISH PITALE, J.