Allowed

Deepak Bhimrao Patil v. the State of Maharashtra

Bombay HC17 Jun 2013BA/679/2013

Case brief

AI extract

What is this about?

In this third bail application where the trial remained uncommenced after being ordered expedited, the single judge held that the applicant should be released on bail despite a graver role due to excessive custody duration. The application was allowed with a specific instruction to the trial court to complete the trial within nine months.

What did the court decide?

Applicant released on bail in Rs.30,000 with one surety; trial to be completed within nine months.

Deepak Bhimrao Patil Vs the State of Maharashtra — Bail and Remand | Bombay HC (2013)

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1/3 (5)BA67913

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Tilak

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CRIMINAL APPELLATE JURISDICTION

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CRIMINAL BAIL APPLICATION NO.679 OF 2013

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Deepak Bhimrao Patil	...	Applicant
versus
State of Maharashtra	...	Respondent

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Mr.Niteen Pradhan i/b Mr.Harshad V. Bhadbhade, Advocate for the applicant.

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Mrs.S.D. Shinde, APP for the State.

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Mr.M.B. Muluk, PI from Karad City Police Station, present.

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CORAM : ABHAY M. THIPSAY, J.

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DATED : JUNE 17, 2013

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P.C.

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1 Heard Mr.Niteen Pradhan, learned counsel for the appellant. Heard Mrs.S.D. Shinde, learned APP for the State.

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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 The first one was withdrawn on 15 September 2011, apparently because it was not being granted (BA No.1039/11).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

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the case expedited and disposed of, in any case, within nine months from the date of the said order.

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2/3 (5)BA67913

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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.

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4 The learned APP has taken instructions from the Public Prosecutor incharge 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.

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5 All the other accused in this case have been released on

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bail.

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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.

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7 The application is allowed.

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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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3/3 (5)BA67913

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9 The Trial Court shall expedite the trial, and complete it within a period of nine months from today.

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10 The Trial Court shall report compliance to this Court.

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( ABHAY M.THIPSAY,J )

Deepak Bhimrao Patil v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Deepak Bhimrao Patil v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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