Tejas Jivan Mhatre v. State Of Maharashtra

1/2 (3)ba-3598-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.3598 OF 2024 Tejas Jivan Mhatre ..

Applicant

Versus

State of Maharashtra & Anr.

..

Respondents Mr.Shriganesh Sawalkar for the Applicant.

Mr.J.P. Yagnik, APP for the State.

CORAM: BHARATI DANGRE, J.

DATED : 20th SEPTEMBER, 2024 P.C:- 1] The learned counsel for the Applicant has placed on record an order passed in the case of co-accused Pratik Kalyanji Keniya (accused No.2) on 02.08.2024, passed in Bail Application No.1990/2024. Perusal of the said order would reveal that on the ground of long incarceration since December, 2018 and specifically taking note of the fact that the charge was framed in January, 2023, but the trial has not commenced and by recognizing his right of speedy trial, he was enlarged on bail.

2] I see no reason why the benefit should not be extended to the present Applicant, as he is also arrested in the subject crime on 26.12.2018 and since then he is incarcerated. Digitally signed by RAJSHREE KISHOR MORE Date:

2024.09.21 17:22:10 +0530 RAJSHREE KISHOR MORE rajshree

2/2 (3)ba-3598-2024.odt 3] The learned counsel also make a categorical statement that not a single witness has been examined till date.

Taking into account the well settled principle that the accused is entitled to speedy trial and he shall not be incarcerated indefinitely, pending the conclusion of the trial, following order is passed :-

ORDER

(a) Bail Application is allowed.

(b) The Applicant Tejas Jivan Mhatre shall be released on bail in connection with CR No.734/2018 registered at Manpada Police Station on furnishing PR Bond to the extent of Rs.25,000/- with one or two sureties of the like amount.

(c) The Applicant shall report to the concerned Police Station on first Monday of every month between 10.00 am to 12.00 noon. (d) The Applicant shall regularly attend trial, on every date, unless exempted.

(e) Upon release, the Applicant shall furnish his contact number and permanent residential address to the Investigating Officer and shall keep him updated in case of change in the same. [SMT. BHARATI DANGRE, J] rajshree