Bail application rejected due to prima facie case and nature of evidence. Court directed trial court to expedite trial to be completed within six months.
Bail application dismissed; trial to be completed within six months.
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Tilak
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO.388 of 2013
Rajendra @ Raju Kaluram Shewate ... Applicant versus The State of Maharashtra and anr ... Respondents
Mrs.Pranali Kakade i/b Mr.Subhash Hulyalkar, Advocate for the applicant.
Mrs.R.V.Newton, APP for the State.
CORAM : ABHAY M. THIPSAY, J.
DATED : APRIL 24, 2013
P.C.
1 Heard Mrs.Pranali Kakade, learned counsel for the applicant. Heard Mrs.R.V.Newton, learned APP for the State.
2 I have glanced through the annexures to the Bail Application.
3 The statement of one Vrushali Shinde indicates that immediately after the incident is alleged to have taken place, she had noticed the applicant with stains of blood on his pants and shoes. In the course of investigation, a knife and blood stained
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clothes have been recovered at the instance of the applicant. It is not possible to accept, at this stage, that there exists no prima facie case against the applicant.
4 The learned counsel for the applicant emphasized that the co-accused have been released on bail, and that, even from them, there was, allegedly, recovery of blood stained clothes. In my opinion, if the learned Addl.Sessions Judge has used his discretion in releasing the co-accused, and has distinguished the case of the present applicant for the purposes of bail, it cannot be said that he has drawn an imaginary distinction between the said co-accused and the applicant. The case of the applicant is somewhat on a different footing when it comes to the nature of material by which the allegation is supported. Under these circumstances, I am not inclined to release the applicant on bail.
5 Application is rejected.
6 However, the Trial Court shall expedite the trial, and endeavour to complete it within a period of six months from the date of receipt of this order.
( ABHAY M.THIPSAY,J )
2 issues framed by the court
Whether bail should be granted to the applicant considering the evidence and the release of co-accused.
Whether the trial court should expedite the proceedings.
Rajendra @ Raju Kaluram Shewate
The State of Maharashtra
Abhay M. Thipsay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
