Jagdish Kumar Nemaram Sargara v. State Of Maharashtra
Nikita
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NIKITA KAILAS DARADE CRIMINAL APPELLATE JURISDICTION NIKITA KAILAS DARADE Date: 2025.08.12 20:01:31 +0530 BAIL APPLICATION NO.297 OF 2025 Jagdish Kumar Nemaram Sargara ... Applicant V/s.
The State of Maharashtra ... Respondent Mr. Shailesh Kharat for the Applicant.
Mr. A. A. Palkar, APP for the State.
Ms. Dipali Patil, PSI, Lonavala City Police Station, Pune.
CORAM
: ASHWIN D. BHOBE, J.
DATED : 12th AUGUST, 2025 P.C.:
1.
Heard Mr. Shailesh Kharat, learned Advocate for the Applicant and Mr. A. A. Palkar, learned APP for the State. 2.
By the present Application, filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, Applicant is seeking bail in connection with C. R. No.04 of 2020 registered with Lonavala City Police Station, Pune for the offences punishable under Section 302, 394, 449, read with 34 of the IPC. Said crime is registered as Sessions Case No.425 of 2022. By order dated 07.04.2025, this Court had made the following observations: "1.
The learned A.P.P. submits that the prosecution has examined all the prosecution witnesses and only Investigating Officer is remained to be examined.
2.
The learned counsel for the applicant seeks time to take instructions. At this request, list the application on 5th May, 2025, 3.
High on Board'."
3.
Mr. Shailesh Kharat, learned Advocate for the Applicant submits that from 07.04.2025, the prosecution has examined three more witnesses including the Investigation Officer and has thereafter closed the prosecution case.
4.
Mr. Amit Palkar, learned APP for the State submits that the prosecution has closed their evidence after examining all the prosecution witnesses. He on instructions of the Investigation Officer, Ms. Dipali Patil, PSI, Lonavala City Police Station, Pune, submits that the proceedings are now fixed for recording of statement of the Accused, under Section 351 of the BNSS. He submits that the trial having reached at the fag end, the prosecution prays for early disposal of the Sessions Case No.425 of 2022 which according to him is also expedited matter. 5.
Mr. Shailesh Kharat, submits that this Court in its order dated 07.04.2025 had taken note of the statement made by the prosecution. He submits that in the facts and circumstances of the case, if the learned Trial Court is directed to expedite the proceedings of Sessions Case No.425 of 2022 and conclude the same within the stipulated time, then interest of justice would be served.
6.
Considering the peculiar facts and circumstances of the case and more particularly the fact of the proceedings of Sessions Case No.425 of 2022 being fixed for recording the statement under
Section 351 of the BNSS, the learned Trial Court is requested to make an endeavor to conclude the trial and dispose off Sessions Case No.425 of 2022 expeditiously and at any rate within the period of three months from today.
7.
Mr. Shailesh Kharat, learned Advocate for the Applicant and Mr. Amit Palkar, learned APP for the State submit that they would place this order on the record of Sessions Case No.425 of 2022 within seven days from today and that they shall cooperate in the early disposal of the trial of Sessions Case No.425 of 2022 and shall not take unnecessary adjournment.
8.
Bail Application No.297 of 2025 is disposed off in the above said terms.
(ASHWIN D. BHOBE. J.)