Dismissed

Milind Shankar Kiwale v. the State of Maharashtra

Bombay HC7 Apr 2021BA/740/2020

Case brief

AI extract

What is this about?

In a bail application under Criminal Appellate Jurisdiction, the applicant sought liberty to withdraw. The court directed the Sessions Judge to frame charges via video conferencing due to over-four-year delay and pandemic difficulties. The application was dismissed as withdrawn on these terms.

What did the court decide?

Liberty to renew bail prayer if charge not framed by 30th October, 2021; trial to proceed via video conferencing.

Milind Shankar Kiwale Vs the State of Maharashtra — Bail and Remand | Bombay HC (2021)

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9.ba740.20.odt

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0IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CRIMINAL APPELLATE JURISDICTION

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BAIL APPLICATION NO. 740 OF 2020

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Milind Shankar Kiwale....Applicant
V/s.
State of Maharashtra.…Respondent.

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Mr. Vijaykumar R. Garad, advocate for applicant.
Ms. P.P. Shinde, APP for State.
Mr. S.S. Raut, P.C. Haveli Police Station.

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CORAM:SMT. SADHANA S. JADHAV.
DATE:APRIL 7, 2021.

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P.C.

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1.Learned Counsel for the applicant upon instructions seeks

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liberty to withdraw the application.

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2It is reported that the accused is in custody for more than 4

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years i.e. from 16/5/2017.

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3Learned APP upon instructions submits that till today, the

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charge is not framed. It is also submitted that due to pandemic

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1 of 2

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Talwalkar

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9.ba740.20.odt

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situation, it would be difficult to record evidence of the witnesses
through video conferencing. Learned APP upon instructions from P.C.
of Haveli Police Station informs that trial is not proceeding through
video conferencing.

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4Taking into consideration the fact that the accused are in
custody for more than 4 years, the trial needs to be expedited.
Learned Sessions Judge seized with Sessions Case No. 611 of 2017
shall frame charge in the present matter through video conferencing
and issue summons to the witnesses. Learned Counsel for the
applicant is at liberty to renew his prayer for bail in the eventuality the
charge is not framed by 30th October, 2021.

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5The application stands dismissed as withdrawn and
disposed of on the above terms.

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(SMT. SADHANA S. JADHAV, J)

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Talwalkar

Milind Shankar Kiwale v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Milind Shankar Kiwale v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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