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Bombay High CourtBA/1578/2025allowed

Sunil Sadanand Nichite v. The State Of Maharashtra

2025-04-21Hon'Ble Shri Justice Milind N. Jadhav2 pages

29.BA.1578.25.doc Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1578 OF 2025 Sunil Sadanand Nichite .. Applicant

Versus

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

 Ms. Vaishali Vishal Kamble, Advocate for Applicant.  Ms. Mahalakshmi Ganapathy, APP for Respondent - State. ....................

CORAM

: MILIND N. JADHAV, J.

DATE : APRIL 21, 2025.

P.C.:

1.

Heard Ms. Kamble, learned Advocate for Applicant and Ms. Ganapathy, learned APP for Respondent - State. 2.

In the present crime, Applicant is incarcerated for more than 8 years and 8 months pending trial in an offence punishable under Section 302 of the Indian Penal Code, 1860.

3.

Ms. Kamble, learned Advocate for Applicant would submit trial has commenced and prosecution has completed examination of 20 prosecution witnesses out of a probable 27 witnesses which the prosecution desires to examine as per the charge-sheet. She would submit that 20 witnesses were examined by the prosecution and examination of 20th witness on behalf of the prosecution is completed on 27.06.2024 after which there is a long hiatus and no progress in the

29.BA.1578.25.doc trial. Therefore she would persuade the Court to consider long incarceration of the Applicant for more than 8 years and 8 months in custody pending trial. Applicant is the sole accused person in the present crime and on the ground of long incarceration, Court is inclined to consider the said Application.

4.

Advocate for Applicant is directed to forthwith serve a copy of the Application to Ms. Ganapathy, learned APP for consideration and to take appropriate instructions.

5.

List the Bail Application on Board on 23rd April, 2025. To be placed under the caption 'First on Board'.

[ MILIND N. JADHAV, J. ] Ajay AJAY TRAMBAK UGALMUGALE Date: 2025.04.21 18:33:46 +0530 AJAY TRAMBAK UGALMUGALE