In a third bail application, the High Court of Bombay granted bail to the applicant held in custody for over three and a half years with trial pending. The Court ordered the trial to be completed within nine months.
Applicant is ordered to be released on bail in the sum of Rs.30,000/- with one surety in like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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Tilak
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO.679 OF 2013
| Deepak Bhimrao Patil | ... | Applicant |
|---|---|---|
| versus | ||
| State of Maharashtra | ... | Respondent |
Mr.Niteen Pradhan i/b Mr.Harshad V. Bhadbhade, Advocate for the applicant.
Mrs.S.D. Shinde, APP for the State. Mr.M.B. Muluk, PI from Karad City Police Station, present.
CORAM : ABHAY M. THIPSAY, J.
DATED : JUNE 17, 2013
P.C.
1 Heard Mr.Niteen Pradhan, learned counsel for the appellant. Heard Mrs.S.D. Shinde, learned APP for the State.
2 This is the third application for bail filed by the applicant before this Court. The first one was withdrawn on 15 September 2011, apparently because it was not being granted (BA No.1039/11). The second was rejected on 27 March 2013 (BA No.377/12). However, at that time, this Court directed the learned Sessions Judge to issue necessary direction for getting the trial of the case expedited and disposed of, in any case, within nine months from the date of the said order.
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3 Now, about 15 months have passed since the said order, and admittedly, the trial has not even commenced as yet.
4 The learned APP has taken instructions from the Public Prosecutor in-charge of the trial, and as per her instructions, the case has been kept for framing of charge on 25 June 2013. The report to that effect submitted by the Inspector of Police, Karad City Police Station to the learned Public Prosecutor, is tendered by the learned APP, and the same is taken on record.
5 All the other accused in this case have been released on bail.
6 Even on the basis that the role attributed to the present applicant is graver and more serious than that attributed to the other accused, the applicant should be released on bail, in my opinion. It is because the applicant is in custody for a period of more than 3 ½ years, and the trial has not yet commenced.
7 The application is allowed.
8 Applicant is ordered to be released on bail in the sum of Rs.30,000/- with one surety in like amount, on the condition that he shall not contact, meet or approach any witnesses, in any manner, whatsoever.
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9 The Trial Court shall expedite the trial, and complete it within a period of nine months from today.
10 The Trial Court shall report compliance to this Court.
( ABHAY M.THIPSAY,J )
2 issues framed by the court
Whether the applicant should be released on bail after being in custody for over 3 1/2 years with no trial commenced.
Whether the trial court should expedite the trial and complete it within a specified period.
Deepak Bhimrao Patil
State of Maharashtra
Abhay M. Thipsay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
