This court disposed of a subsequent bail application by directing the Sessions Court to commence evidence recording from 15 February 2021 and conclude the trial within one year, citing prosecution delay as the only change in circumstances.
Direction to commence recording of evidence from 15 February 2021 and conclude trial within one year.
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13-ba-628.20.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.628 OF 2020
Rohit Raju Rasage…Applicant
V/s.
State of Maharashtra…Respondent
Mr. Santosh Pawar, for the Applicant.
Ms. P.P. Shinde, APP for the Respondent - State.
CORAM:SMT. SADHANA S. JADHAV, J.
DATED:21st DECEMBER 2020.
P.C. :
1. This is a subsequent application seeking enlargement of bail in Sessions Case No.831 of 2017. The previous application was withdrawn before this Court when the Court had expressed an Digitally signed by Pallavi M. Pallavi M. Wargaonkar Wargaonkar Date:2020.12.21 inclination to reject the said application. It appears that the applicant 18:19:24 +0530 herein is arrested on 28th July 2017 and the charge is framed on 18th August 2019. The accused is being produced before the Court on each and every date. However, the matter is being adjourned on the ground that the witnesses were not present. In fact, it is the duty of the prosecution to ensure the presence of the witnesses at the time of trial. The learned Sessions Court shall secure the presence of the witnesses
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13-ba-628.20.docx
by issuing bailable warrants if necessary. It is the duty of the
prosecution to see that the trial is expedited and proceeds on each and
every scheduled date. There is no change in circumstances to consider
the application on merits except the fact that the trial is being delayed
by the prosecution. In view of this, the learned Sessions Court is
hereby directed to commence the recording of evidence from 15th
February 2021 and shall make every endeavour to conclude the trial
within one year. With these directions, the application is disposed of.
(SMT. SADHANA S. JADHAV, J)
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Rohit Raju Rasage
State of Maharashtra
Sadhana S. Jadhav
As recorded by the court registry
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