In a bail application, the High Court refused bail because the trial had commenced and evidence examination was underway. The court directed expeditious trial completion within nine months.
bail application rejected; trial expedited within nine months.
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ba.579.18.904.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 579 OF 2018
Radhika Krishna Bhandari ...Applicant Versus The State of Maharashtra ...Respondent
Mr. Santosh Bhamre for the Applicant
Mr. A. R. Kapadnis, A.P.P for the Respondent-State
PI Mr. Shirish Chaudhari from Padgha Police Station, Thane Rural, is present
CORAM : REVATI MOHITE DERE, J. WEDNESDAY, 10 th JULY 2019
P.C. :
1 This is the second bail application preferred by the applicant. The first bail application was withdrawn. This Court (Coram : Smt. Sadhana S. Jadhav, J.) while permitting the applicant to withdraw the application for bail vide order dated 6th January 2017 passed in Criminal Bail Application No. 668 of 2016, directed the learned Sessions Judge to make an endeavour to conclude the recording of evidence, as far as possible, within nine months from the date of framing of charge.
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SQ Pathan
ba.579.18.904.doc
2 It is not in dispute that charge is framed and that four witnesses have been examined till date. It appears that the prosecution intends to examine about 15-20 more witnesses. Since the trial has commenced, it would not be appropriate to consider the application for bail, at this stage.
3 Accordingly, the application is rejected. However, since the trial has commenced, the trial of the applicant is expedited. The learned Sessions Judge to conclude the case as expeditiously as possible and in any event, within nine months from the date of receipt of this order.
REVATI MOHITE DERE, J.
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SQ Pathan
1 issue framed by the court
Whether bail ought to be granted at the present stage of the trial.
Radhika Krishna Bhandari
The State of Maharashtra
REVATI MOHITE DERE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
