Karamvir @ Bittu Raghuraj Singh v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 4633 OF 2024 Karamvir @ Bittu Raghuraj Singh ...Applicant

Versus

The State of Maharashtra

...Respondent

__________ Mr. Maaz Ansari, learned Advocate for the Applicant. Mr. Amit A. Palkar, learned A.P.P. for the State/Respondent. __________ CORAM :

ASHWIN D. BHOBE, J.

DATE :

19th JUNE 2025.

P.C. :

1.

Heard Mr. Maaz Ansari, learned Advocate for the Applicant and Mr. Amit Palkar, learned A.P.P. for the State/Respondent. 2.

By the present Application filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 ("BNSS" for short), the Applicant is before this Court seeking regular bail in connection with Crime No. 70 of 2019 registered with Khandeshwar Police Station, District-Raigad for the offence punishable under Sections 8(c), 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ("NDPC Act" for short).

3.

Applicant is in jail since 7th April 2019.

4.

This Court in Criminal Bail Application No. 1195 of 2022 alongwith other Application on 17th February 2023 had made the

following order :- "The learned APP submits that Trial Court has issued summons to the prosecution witnesses. Considering these facts, I am not inclined to entertain the present Applications. However, considering the fact that the Applicants are in jail for about 3 years and 10 months, the Trial Court shall endevour to conclude the trial as early as possible. If the trial is not concluded within a period of six months from the date of receipt of copy of this order, the Applicants are at liberty to file a fresh Application for bail before the Trial Court. The Applications are disposed of."

5.

Mr. Maaz Ansari, learned Advocate for the Applicant submits that the trial was not concluded within a period of 6 months from 17th February 2023, as such, in terms of the liberty granted, the Applicant applied for bail before the learned Trial Court. He submits that the said Application was the fourth Bail Application of the Applicant. By order dated 2nd September 2024, the learned Additional Sessions Judge, Panvel, District-Raigad has rejected the said Bail Application.

6.

Mr. Amit Palkar, learned A.P.P. for the State/Respondent submits that the prosecution has infact completed examination of the prosecution witnesses. However, he submits that an Application for recall of three prosecution witnesses, was filed by the Applicant. He submits that the said Application was allowed and the Applicant is permitted to cross-examine the said three

prosecution witnesses. He submits that the prosecution having completed their evidence, but for the request of cross-examination, made by the Applicant. He states that he has instructions from the learned Assistant Public Prosecutor, handling the trial of Special Case (NDPS) No. 420 of 2019, to make the statement before this Court that the trial can be completed within a period of three months from 1st July 2025. The same is subject to the Applicant not seeking adjournment for cross-examination of the three prosecution witnesses and co-operate with the early disposal. 7.

Mr. Maaz Ansari, learned Advocate on instructions states that the Applicant does not intent to examine any defence witness. 8.

Statements made by Mr. Maaz Ansari, learned Advocate and Mr. Amit Palkar, learned A.P.P. are accepted. 9.

Considering the order dated 17th February 2023 passed in Criminal Bail Application No. 1195 of 2022 and the fact of the Special Case (NDPS) No. 420 of 2019 being pending from the year 2019, this would be a fit case to request the learned Additional Sessions Judge, Panvel, District-Raigad to dispose of Special Case (NDPS) No. 420 of 2019 as expeditiously as possible and at any rate within a period of three months from 1st July 2025. 10.

Applicant/Accused as well as the prosecution assure this Court to co-operate with the early disposal of Special Case (NDPS) No. 420 of 2019.

11.

Mr. Maaz Ansari, learned Advocate states that on an earlier occasion, despite the order dated 17th February 2023 passed in

Criminal Bail Application No. 1195 of 2022, the trial was not concluded, as such he prays that the liberty be granted to the Applicant to file a fresh Bail Application on the ground of long incarceration before the learned Trial Court in the event the trial is not completed within three months. Liberty granted. 12.

In view of the above, Criminal Bail Application No. 4633 of 2024 is disposed of.

[ASHWIN D. BHOBE, J.] by GITALAXMI KRISHNA KOTAWADEKAR Date:

2025.06.19 20:47:47 +0530 GITALAXMI KRISHNA KOTAWADEKAR