Single judge rejected second bail application, directing trial court to expedite trial within one year and noting investigator's inaction in tracing co-accused named in 164 statement.
Bail denied; trial expedited within one year.
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(11)BA-2299-2023.doc
rajshree
Digitally signed by RAJSHREE RAJSHREE KISHOR KISHOR MORE MORE Date: 2023.09.21 18:27:05 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.2299 OF 2023
Sulab @ Shivprasad Bacchan Yadav] .. Applicant
vs.
State of Maharashtra ] .. Respondent
Mr.Aamir Malik i/b Jay & Co. for the Applicant. Mr.S.R. Agarkar, APP for the State.
CORAM : BHARATI DANGRE, J
DATE : 21st September, 2023.
P.C.
1] This is second Bail Application, first being rejected on 19.08.2022, by making reference to the 164 statement of the girl,where she had attributed specific role to the present Applicant.
As far as the other persons, who were named in her 164 statement are concerned, despite the directions being issued to the Investigating Officer that attempt should be made to trace these persons, named as Pandit and Tarun, they are not found.
What efforts have been taken to trace these two persons, however, are not known. In any way, let the Sessions Judge, take cognizance of the said aspect during the trial.
2] Since the Applicant is incarcerated since 15.11.2019, I deem it appropriate to direct the trial Court to expedite the trial and conclude it
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(11)BA-2299-2023.doc
expeditiously, but in any way, within a period of one year from the date of receipt of copy of this order.
With the abovesaid directions, Bail Application stands rejected.
[BHARATI DANGRE, J]
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1 issue framed by the court
whether bail application admits of grant under circumstances of delay and non-availability of other co-accused.
Sulab @ Shivprasad Bacchan Yadav
State of Maharashtra
Bharati Dangre
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
