Rushikesh @ Chakula Panduranga Dethe v. State Of Maharashtra

910.BA.2621.2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2621 OF 2024 Rushikesh @ Chakula Panduranga Dethe ...Applicant

Versus

The State of Maharashtra

...Respondent

***  Mr. Keshav S. Chavan a/w Ms. Ankita Murbhal and Mr. Shaikh Anas, for Applicant.

 Mr. Tanveer G. Khan, APP for Respondent.

Digitally signed by SHRIKANT SHRINIVAS MALANI Date:

2024.09.06 19:12:50 +0530 SHRIKANT SHRINIVAS MALANI *** CORAM : MANISH PITALE, J.

DATE : 06th SEPTEMBER, 2024.

P. C. :

1.

After having argued for substantial period of time and when this Court was inclined to dismiss the application, the learned counsel for the applicant, on instructions, sought permission to withdraw the present application.

2.

Hence, dismissed as withdrawn.

3.

However, this Court takes note of the fact that earlier bail application of this applicant was disposed of as withdrawn by an order dated 07.11.2023 passed by this Court (Coram : G.A. Sanap, J.) in Criminal Bail Application No.1350 of 2022. By the said order, this Court had directed the Trial Court to dispose of the case within 6 months. Evidently, the Trial Court has not been able to dispose of the case. In fact, this Court is informed that Shrikant Malani

910.BA.2621.2024.doc even charge has not been framed.

4.

It is also brought to the notice that recently on 13.08.2024, Criminal Appeal (Stamp) No. 2834 of 2024, filed by the applicant was allowed and the approval order passed by the Competent Authority for prosecution of the applicant under the provisions of the Maharashtra Control of Organised Crime Act, 1999, was quashed and set aside. 5.

It appears that amongst other reasons, pendency of the aforesaid Appeal before the Division Bench could have been a reason for the concerned Court not to have proceeded expeditiously in the matter. 6.

In this backdrop, the concerned Court is directed to take immediate steps to proceed in the matter, including framing of charges at the earliest. The concerned Court shall then take necessary steps for proceedings with the trial and completing the same expeditiously and in any case within one year from today.

7.

In the event the concerned Court is unable to complete the trial within the aforesaid period of time and the delay is not attributable to the applicant, liberty is reserved for the applicant to apply for bail afresh. (MANISH PITALE, J.) Shrikant Malani