Ketan Chiman Waghela v. State Of Maharashtra

43. BA-150-25.docx Amberkar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 150 OF 2025 Ketan Chiman Waghela .. Applicant

Versus

State of Maharashtra .. Respondent ....................

 Mr. Manan K. Shah, Advocate for Applicant  Ms. Rajeshree V. Newton, APP for Respondent - State ...................

CORAM : MILIND N. JADHAV, J.

DATE : APRIL 29, 2025 P. C.

:

1.

Heard Mr. Shah, learned Advocate for Applicant and Ms. Newton, learned APP for Respondent - State.

2.

Learned APP would submit that in view of the directions contained in the orders dated 03.03.2025, 15.04.2025 & 22.04.2025, report is made to the Court by the concerned Police Station, inter alia, pertaining to effect of service on the prosecutrix. It is informed through the said report that there is no trace of the first informant as also the prosecutrix and all attempts made by the IO to trace them are unsuccessful.

3.

Considering the fact that Applicant before the Court has been arrested as far back as in 2018 in the present crime and is in prison since then pending trial and admittedly charge has also not been

43. BA-150-25.docx framed by the trial Court till date, case of Applicant deserves to be immediately considered for grant of bail 4.

In view of the report of the concerned IO and the delineated fact relating to effect of service on Respondent No. 2 - prosecutrix, this Court cannot wait any further and protract the hearing of the Bail Application and therefore in order to comply with the statutory provisions of Cr.P.C., I direct the High Court Legal Services Committee to appoint Ms. Lochan Chandka, learned Advocate practicing in this Court (Contact No. 9664319387) to represent and espouse the cause of Respondent No. 2 through the Legal Aid forthwith. High Court Legal Services Committee shall give appointment letter to the appointed Advocate to that effect.

5.

Copy of the Bail Application shall be handed over to the Appointed Advocate by learned Advocate for Applicant immediately. 6.

Learned appointed Advocate is directed to get ready in the matter and apprise the Court on the next adjourned date. Considering the long incarceration of Applicant in prison for the past more than 6 & 1/2 years pending trial, the present Application shall be heard on the next date.

7.

Stand over to 6th May, 2025 at 2.30 p.m.

Amberkar [ MILIND N. JADHAV, J. ] Digitally signed by RAVINDRA MOHAN AMBERKAR Date:

2025.04.29 19:17:39 +0530 RAVINDRA MOHAN AMBERKAR