Dismissed

Ajit Bhagwan Tiwade v. the State of Maharashtra

Bombay HC11 Dec 2019APPP/770/2019

Case brief

AI extract

What is this about?

A High Court bench rejected a bail application filed by an applicant in custody for over nine years in connection with offences under the IPC and Maharashtra Control of Organised Crime Act. The court observed the long period of detention despite the trial not concluding and directed the trial court to finish the trial within six months.

What did the court decide?

Trial Court directed to conclude the trial within six months; applicant at liberty to prefer fresh bail application if trial is not concluded.

Ajit Bhagwan Tiwade Vs the State of Maharashtra — Corruption | Bombay HC (2019)

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Sajakali Jamadar

905-BA-3384-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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BAIL APPLICATION NO. 3384 OF 2018

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Ajit Bhagwan Tiwade

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...Applicant

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Versus

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The State of Maharashtra

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...Respondent

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WITH CRIMINAL APPLICATION NO. 770 OF 2019 IN

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BAIL APPLICATION NO. 3384 OF 2018

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Ajit Bhagwan Tiwade

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...Applicant

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Versus

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The State of Maharashtra

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...Respondent

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Mr. Niranjan Mundargi i/b Sachin B. Chandan, Advocate for the
Applicant.

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Mr. S. H. Yadav, APP for the State-Respondent.

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CORAM :PRAKASH D. NAIK, J.
DATE : 11th December, 2019

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PC :

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1.The applicant is seeking bail in connection with C.R. No. 85 of

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2010 registered with Rajarampuri Police Station, Kolhapur for
offences punishable under Sections 302, 307, 147, 148, 341, 323,

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120-B, and 427 of Indian Penal Code. Subsequently, provisions of
Sections 3(1)(i), 3 (1)(ii), 3(2) and 3(4) of the Maharashtra Control

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of Organised Crime Act, 1999 ("MCOC Act" for short) were invoked.

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Sajakali Jamadar

905-BA-3384-18.doc

2.The applicant was arrested on 17th June, 2010. The
investigation is completed and charge-sheet is filed.

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3.Learned advocate for the applicant submitted that the
applicant is in custody for a period about 9 years and 5 months. The
Trial has not been concluded. The prosecution so far examined 19
witnesses. The applicant cannot be subjected to inordinate
incarceration in custody. There are contradictions in the version of
eye witnesses. Reliance is placed on the decision of the Apex Court
delivered in Criminal Appeal No. 233 of 2017. The Apex Court was
pleased to grant bail to the accused facing prosecution under the
provisions of MCOC Act and offence under Section 302 of IPC.
Considering the fact the accused was in custody for a period about 7
years, bail was granted to him. It is submitted that the applicant be
granted bail on similar ground.

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4. Learned APP submitted that the prosecution has examined 19

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witnesses. The rojnama indicates that on the previous occasion the
matter was adjourned at the instance of the accused. It is submitted
that the rojnama also indicates that the advocate of the accused were
not present and there is no cooperation from the accused for
completing the trial expeditiously.

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5. Factually the applicant is in custody for more than 9 years.

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Sajakali Jamadar

905-BA-3384-18.doc

However, considering the fact that the prosecution has so far
examined 19 witnesses. The Trial Court can be directed to conclude
the trial expeditiously.

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O R D E R

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i) Bail Application No.3384 of 2018 stands rejected.

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ii)The trial Court is directed to conclude the Trial
within a period of six months from the date of
receipt of this order.

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iii)The accused shall cooperate with the Trial Court
in concluding the trial expeditiously.

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iv) In the event, the Trial is not concluded stipulated time, then the applicant will be at liberty to prefer fresh application for bail.

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v) Bail Application No. 3384 of 2018 as well as Criminal Application No. 770 of 2019 stand disposed of accordingly.

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(PRAKASH D. NAIK, J.)

Ajit Bhagwan Tiwade v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Ajit Bhagwan Tiwade v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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