Mukesh S/O Ramesh Bidhane v. State Of Maharashtra Thr Pso., Ps Koradi, Dist. Nagpur

5. BA-1422-25.docx Amberkar IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1422 OF 2025 Rahul @ Kandi Suresh Valmiki .. Applicant

Versus

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

 Ms. Sonia Santis a/w Mr. Umar Kazi, Advocate for Applicant  Mr. Hitendra J. Dedhia, APP for Respondent - State  Mr. G.D. Vadnere, PC, Vitthalwadi Police Station ...................

CORAM : MILIND N. JADHAV, J.

DATE : APRIL 9, 2025 P. C.

:

1.

Heard Ms. Santis, learned Advocate for Applicant and Mr. Dedhia, learned APP for Respondent - State.

2.

Applicant stands indicted for offences punishable under section 302 and other allied sections of IPC. He is arrested on 03.07.2020 and as on today he has been in incarceration for period of 4 years 9 months & 6 days.

3.

Applicant stands indicted in the crime for committing murder of one of his friends and also having injured another friend in a scuffle and incident which took place. There is motive ascribed by the prosecution emanating from record of the case leading to the present incident. Ms. Santis would draw my attention to the order dated 12.01.2024 passed by this Court in Bail Application No. 1924/2023

5. BA-1422-25.docx which is appended at page Nos. 400-401 of the Applicant. By the said order, Bail Application came to be withdrawn after arguing for sometime while directing the Sessions Court to make an endeavour to commence and conclude the trial as expeditiously as possible and preferably within a period of one year from the date of communication of the said order. The said period having lapsed, the present Application for bail is preferred by the Applicant. She would draw my attention to the fact that despite passing of the said order, trial has not progressed further at all. It is informed that the has also not been framed till date.

4.

Learned APP is directed to take appropriate instructions on the veracity of the submissions made by the learned Advocate for Applicant. If what is stated by learned Advocate for Applicant is true, then present Application deserves to be considered by the Court on the ground of long incarceration pending trial. In that view of the matter and in view of the above facts and considering long incarceration of Applicant as stated above, present Application shall be heard and disposed of on the next adjourned date. If the matter reaches after 4.30 p.m on that date, learned APP appearing in the matter is directed to remain present so that appropriate order can be passed. 5.

Stand over to 23rd April, 2025.

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

2025.04.09 19:28:08 +0530 RAVINDRA MOHAN AMBERKAR