Balvindar Sada Singh v. State Of Maharashtra
14-BA-2981-2024.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2981 OF 2024 Balvindar Sada Singh ... Applicant vs.
State of Maharashtra ... Respondent Mr. Priyal G. Sarda, Advocate for Applicant.
Mr. Pankaj P. Deokar, APP for State-Respondent. CORAM:- ANIL S. KILOR, J.
DATED:- 1st OCTOBER 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.19/2022 registered with Radhanagari Police Station, District-Kolhapur, for the offences punishable under Sections 302 read with 34 of the Indian Penal Code, 1860 [for short "IPC"].
3) Having gone through the charge-sheet and the relevant material collected by the Investigating Officer during investigation, it is evident 1/2 Ganesh
14-BA-2981-2024.DOC that there is sufficient circumstantial evidence available on record against the Applicant, namely CCTV footage, from where it can be seen that deceased was last seen with the Applicant. There are two CCTV footages, which supports the case of the prosecution. 4) It is circumstances though this Court while allowing the Applicant to withdraw the first Application in the month of December 2022, and granted liberty to the Applicant to apply afresh, if the trial is not concluded within six months, and though thereafter, till date the charge is not framed, I am not inclined to grant bail on the ground that the trial was not concluded within six months.
5) In the circumstances, since sufficient incriminating material is available on record against the Applicant, I am not inclined to grant bail, accordingly it is rejected.
6) At this stage, learned counsel for the Applicant seeks liberty to apply afresh, if there is no progress in trial in the near future. 7) Considering the period of incarceration of the Applicant, liberty is granted to apply afresh after one year, if there is no progress in trial. [ANIL S. KILOR, J.] Digitally signed by GANESH SUBHASH LOKHANDE Date:
2024.10.03 19:19:26 +0530 GANESH SUBHASH LOKHANDE 2/2 Ganesh