High Court rejected bail application for applicant detained over five years for crimes including murder and organized crime charges, directing trial court to conclude trial within six months. Application disposed of as dismissal.
Bail application dismissed; respondent directed to conclude trial within six months from date of order receipt.
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911-BA-57-21.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 57 OF 2021
Vinod Nijappa Gaikwad …Applicant Versus
The State of Maharashtra
…Respondent
Mr. Nitin Kamble for the Applicant. Mr. Amit Palkar, APP for the State.
CORAM : N.R. BORKAR, J. DATED : 12 JANUARY 2023
P.C. :-
This is an application under Section 439 of the Code of Criminal Procedure for bail.
MJ Jadhav
1 / 2
911-BA-57-21.odt
shots were fired towards the complainant, however, fortunately the bullets did not hit him. The applicant is involved in nine more criminal cases. Considering these facts, I am not inclined to release the applicant on bail. However, considering the fact that the applicant is in jail for more than five years, the trial Court shall endeavor to conclude the trial as early as possible. If the trial is not concluded within six months from the date of receipt of copy of this order, the applicant is at liberty to file an application for bail before the trial Court.
Digitally signed by MANGALTAI MANGALTAI JAYWANT JAYWANT JADHAV JADHAV Date: 2023.02.20 14:22:54 +0530
5. Application is disposed of.
( N.R. BORKAR, J. )
MJ Jadhav
2 / 2
1 issue framed by the court
Whether the applicant entitled to bail after five years of incarceration considering the nature of offences and pending trial duration.
4 provisions across 4 enactments
Vinod Nijappa Gaikwad
The State of Maharashtra
N.R. Borkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
