Vicky Rustum Kale v. The State Of Maharashtra And Others

905-CrAl-13-25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPEAL NO. 13 OF 2025 VICKY RUSTUM KALE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Appellant : Mr. Amol G. Kale APP for Respondents No.1 and 2 : Ms. M. N. Ghanekar Advocate for Respondent No.3 : Mr. R. M. Gaikwad ...

CORAM : KISHORE C. SANT, J.

DATE : 25-06-2025 PER COURT:- 1.

Heard the learned counsel for the appellant.

2.

This appeal is filed seeking bail on the ground of delay in trial. Earlier Criminal Appeal No.1127 of 2023 of the appellant was allowed to be withdrawn with a liberty to revive his prayer for bail, in case, trial is not concluded within one year from today. 3.

Learned counsel for the appellant submits that there are 31 witnesses cited by the prosecution and out of them, only two witnesses have been examined. Cross-examination of one witness is completed. The cross-examination of another witness is yet not completed by the prosecution.

4.

On a query made to the learned A.P.P., she submits that in fact, it is other accused persons who are responsible for delay in

905-CrAl-13-25.odt the trial. Accused No.2/present appellant is required to be shifted to Harsul Jail because of his behaviour in jail. The trial, therefore, is not showing much progress. However, it is not the prosecution who is solely responsible for it. The prosecution is trying its best to complete the trial.

5.

Considering the above, this Court finds that instead of deciding appeal today, it be adjourned by 12 weeks. Learned A.P.P. to place on record progress report in the case. 6.

Stand over to 18.09.2025.

[KISHORE C. SANT] JUDGE rrd