Monal Ramesh Waghela v. The State Of Maharashtra

12-ba-2902-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.2902 OF 2024 Monal Ramesh Waghela ...Applicant vs.

The State of Maharashtra and Anr.

...Respondents

VISHAL SUBHASH PAREKAR VISHAL SUBHASH PAREKAR Date: 2024.09.25 14:20:59 +0530 Mr. B.J. Shaikh, for the Applicant.

Mr. Tukaram Shendge, for Respondent No. 2.

Mr. H.J. Dedhia, APP, for the Respondent/State. CORAM :

N. J. JAMADAR, J.

DATE :

SEPTEMBER 24, 2024 P.C.:

1.

Heard the learned counsel for the applicant.

2.

This is the second application for bail. First application was rejected by an order dated 25th April, 2024. The said order reads as under:- "1. Heard the learned Counsel for the applicant and the learned APP for the State.

2. As the Court expressed disinclination to entertain the prayer for bail, the learned Counsel for the applicant seeks leave to withdraw the application.

3. The learned Counsel for the applicant further submits that having regard to the age of the applicant and the period of incarceration, the trial be expedited.

4. Application stands dismissed as withdrawn.

5. The learned Sessions Judge seized with Session Case arising out of CR No.166 of 2023 is requested to make an endeavour to commence and conclude the trial as expeditiously as possible."

3.

The learned APP invites attention of the Court to the Roznama of the Spl. Case Child Prot./0000848/2023. It appears that on three occasions the accused has refused to cooperate with Vishal Parekar ...1

12-ba-2902-2024.doc the Court in the matter of framing of the charge. The Roznama of the proceedings dated 25th July, 2024 records that the charge was framed. The accused pleaded not guilty. However, the accused refused to sign the plea.

4.

It appears that persuant to the order of this Court, the learned Special Judge has made efforts to commence the trial. 5.

In these circumstances, there is no propriety in entertaining this second application for bail.

6.

Application stands rejected.

(N. J. JAMADAR, J.) Vishal Parekar ...2