Applicant sought bail citing inconsistency in prosecutrix statement. Court dismissed bail application but directed framing of charges within six months due to custody delay.
Bail application dismissed; direction to frame charges within six months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
2.ba2258-22.doc
sg
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.2258 OF 2022
Navnath D. Kamble
....Applicant
vs. The State of Maharashtra ...Respondent
Mr. Paras Yadav, for the Applicant.
Ms. Pallavi Dabholkar, APP, for State.
CORAM : BHARATI DANGRE, J. DATE : 2nd DECEMBER 2022
P.C. :
This is the second bail application moved by the Applicant in change in circumstance pointing out the statement, which came to be recorded before the Magistrate on 30th March 2020.
The learned Counsel submit that on the earlier date, when this Court expressed its disinclination to entertain the application, pursuant to which it was withdrawn on 16 December 2022, a statement was not looked into. When I perused the statement placed on record, I noticed that there may be some inconsistency in the version of the prosecutrix, but there was reiteration for committing sexual intercourse. This is the precise reason, I show my inclination to disapprove the same.
1 / 2
2.ba2258-22.doc
sg
In the wake of above, I am not inclined to allow the application. It is dismissed.
The learned Counsel now submits that the Applicant is in custody since 4th January 2020 and till date charge is not framed.
Under the circumstances, the concerned court is directed to to frame the charge as expeditiously as possible and, in any case, within period of six months from today.
(SMT. BHARATI DANGRE, J.)
2 / 2
1 issue framed by the court
Whether bail application should be allowed given the delay in framing charges and inconsistencies in the prosecutrix statement.
Navnath D. Kamble
The State of Maharashtra
BHARATI DANGRE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
