Rushikesh Pawankumar Ghorpade v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2350 OF 2025 Mr. Rushikesh Pawankumar Ghorpade ...Applicant

Versus

The State of Maharashtra

...Respondent

__________ Mr. Ramanik P. Pawar a/w Ms. Samiksha Pawar and Ms. Arti Bajpai, learned Advocates for the Applicant.

Mr. Pandurang H. Gaikwad, learned A.P.P. for the State/Respondent. __________ CORAM :

ASHWIN D. BHOBE, J.

DATE :

18th JUNE 2025.

P.C. :

1.

Heard Mr. Ramanik Pawar, learned Advocate for the Applicant and Mr. Pandurang Gaikwad, learned A.P.P. for the State/Respondent.

2.

On 25th February 2025, this Court had passed the following order in Criminal Bail Application No. 3863 of 2024 :- "1.

The learned Counsel for the Applicant on instructions seeks leave to withdraw the present Application with liberty to file fresh Application for bail after three months, if the trial is not concluded by that time.

2.

It appears that the prosecution has already examined fourteen witnesses. Considering the fact that the Applicant is in jail for six years, the Trial

Court shall make an endeavour to conclude the trial within a period of three months.

3.

The Application is disposed of as withdrawn with liberty as sought."

3.

Mr. Ramanik Pawar, learned Advocate for the Applicant submits that though the period of three months has expired, the trial is not concluded. He therefore submits that the Applicant was at liberty to file a fresh Bail Application.

4.

Mr. Pandurang Gaikwad, learned A.P.P. for the State/Respondent submits that the liberty granted to the Applicant by this Court is to apply/file a fresh Bail Application before the learned Trial Court at the first instance.

5.

In view of the objection raised by Mr. Pandurang Gaikwad, learned A.P.P., Mr. Ramanik Pawar, learned Advocate on instructions from the Applicant seeks leave to withdraw the present Bail Application with liberty to file a fresh Application before the learned Trial Court. Liberty as prayed is granted to the Applicant. 6.

In the event any Application is filed by the Applicant before the learned Trial Court, the same shall be considered on its own merits and in accordance with law. If such Application is filed before the learned Trial Court within a period of one week from today, considering the Applicant being incarcerated since 2016, the learned Trial Court shall make endevour to expeditiously decide the said Application and at any rate dispose of the same within a period of one month from the date of filing of the Application.

7.

Mr. Ramanik Pawar, learned Advocate assures the Court that no adjournment would be sought by the Applicant in the said Application. Statement given by Mr. Ramanik Pawar, learned Advocate is accepted.

8.

In view of the above, Criminal Bail Application is dismissed as withdrawn with liberty as prayed.

[ASHWIN D. BHOBE, J.] GITALAXMI KRISHNA KOTAWADEKAR GITALAXMI KRISHNA KOTAWADEKAR Date: 2025.06.19 20:44:30 +0530