Subhash @ Papa Kisan Rathod Vs the State of Maharashra

I have gone through the Bail Application and the annexures thereto. There exists a strong prima facie case of an offence punishable under Section 307 of the IPC against the Applicant.

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Mr. Purway, the learned Advocate for the Applicant, submits that the Applicant is in custody since about 3 ½ years and, that, the trial has still not commenced. Though, ordinarily, on such a ground the Applicant would have

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Dixit

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BA-531-12.sxw

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been released on bail, in spite of the existence of a prima facie case against him, in the instant case, admittedly, about 12 other criminal cases are pending against the Applicant. The learned Advocate for the Applicant submits that the Applicant has not been convicted of any offence so far, but there is no dispute about the pendency of cases, which include cases of bodily offences.

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Considering the existence of a strong prima facie case against the Applicant and, that, the offence, allegedly, committed by him was while he was on bail in several other cases, it does not appear proper to me to release the Applicant on bail. It would, however, be proper to direct the trial to be expeditiously held.

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The Bail Application is rejected.

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However, the trial Court is directed to expedite the trial and complete it within a period of six months from today.

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Liberty to the Applicant to apply afresh for bail, should the trial be not over within that time.

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(A.M. THIPSAY, J.)

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Subhash @ Papa Kisan Rathod v. the State of Maharashra

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Subhash @ Papa Kisan Rathod v. the State of Maharashra

Case brief

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