Kalpesh Ramanlal Vyas v. State Of Maharashtra And ANR

2025:BHC-AS:30370 Gaikwad RD

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.3784 OF 2025 Kalpesh Ramanlal Vyas

...Petitioner

Versus

State of Maharashtra & Ors.

...Respondents

Mr. Meet Rajpopat, with Ms. Roshni Yadav, i/b. Meet Rajpopat and Associates, for the Petitioner.

Mr. B. B. Kulkarni, APP, for the Respondent No.1-State.

CORAM

Dr. Neela Gokhale, J.

DATED:

PC:- 1.

The Petitioner seeks a direction to the District and Sessions Court, Belapur to hear and finally dispose off the Anticipatory Bail Application No.602 of 2024 within a specific period.

2.

Heard Mr. Meet Rajpopat, learned counsel appearing for the Petitioner and perused the Petition, annexures thereto and the record of the proceeding with his assistance.

3.

Mr. Rajpopat submits that the Petitioner is a original complainant and intervenor in the said Anticipatory Bail Application filed by the Respondent Nos.2 to 4 herein. 4.

By order dated 19th July 2024 passed by the Judicial Magistrate First Class, Belapur, Thane, a report was called under Section 156(3) of the Code of Criminal Procedure, 1973, directing the Police Officer concerned to file the same within three months. The accused, i.e., the Respondent Nos.2 to 4 filed an application for anticipatory bail on 13th August 2024 before the District and Sessions Court, Belapur. By order dated 28th August 2024, interim relief was granted to the accused, which has been extended from time to time and is in effect till date.

5.

It is the submission of Mr. Rajpopat, that 44 days have elapsed from the date, on which the interim relief was granted to the accused and till date, the anticipatory bail application has not been heard finally. He has drawn my attention to the roznama of the said bail application maintained by the District

and Sessions Court, Belapur, which is at page 202 of the petition. It appears from the said roznama that the Court has listed the matter on 50 occasions and as many as on 10 dates, the bail application was heard. However, till date no orders have been passed on the said bail application. 6.

Considering the substantive delay in hearing the bail application, the District and Sessions Judge, Belapur seized with the hearing of the said anticipatory bail application No.602 of 2024 is requested to hear and finally decide the said anticipatory bail application expeditiously and preferably within two weeks from the date on which copy of this order is placed before the said Court.

7.

In view of the aforesaid directions, the petition is disposed off.

(Dr. Neela Gokhale, J) Signed by: Raju D. Gaikwad Designation: PS To Honourable Judge Date: 22/07/2025 15:25:09