Vicky Baban Ovhal v. The State Of Maharashtra

06-IA-3838-2024 IN APEAL-437-2019.DOC Rekha Patil

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM NO. 3838 OF 2024 IN CRIMINAL APPEAL NO. 437 OF 2019 Vicky Baban Ovhal ...Applicant

Versus

The State of Maharashtra and Ors.

...Respondents

Mrs Anjali Patil a/w Ms. Tohid Shaikh, for the Applicant. Mr. K. V. Saste, Addl. PP, for the Respondent-State.

CORAM:

SUMAN SHYAM & SHYAM C. CHANDAK, JJ.

DATED:

31st JULY 2025.

PC:- 1.

Heard learned Counsel Ms. Anjali Patil, appearing for the applicant. Also heard Mr. Saste, learned Addl. PP, appearing for the State.

2.

After hearing the arguments in the bail application at some length, we are not persuaded to accept the submission of the learned Counsel for the applicant that the principle of parity can be invoked in this case in the lines of the bail order granted to the accused No.5. Moreover, having regard to the facts of the case, the mere prolonged incarceration of the applicant for a period REKHA PRAKASH PATIL 31st July 2025 REKHA PRAKASH PATIL Date: 2025.07.31 18:36:03 +0530

06-IA-3838-2024 IN APEAL-437-2019.DOC exceeding 101⁄2 years also does not appeal us to consider his bail application.

3.

Ms. Patil, at this stage, submits that she may be granted leave to withdraw this application with liberty to file afresh, if the Appeal is not finally heard and disposed of within a period of one year.

4.

Leave granted.

5.

The Interim Application stands disposed of as withdrawn with liberty as prayed for.

(SHYAM C. CHANDAK, J.) (SUMAN SHYAM, J.) { 31st July 2025