A bail application was allowed to be withdrawn. The court granted liberty to apply afresh if the trial does not make progress within six months, considering the applicant has been in custody for over three years.
Bail application allowed to be withdrawn; liberty to apply afresh if trial not concluded within six months.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.
Diksha Rane 12. ba 3287-21.doc
Digitally signed by DIKSHA DIKSHA DINESH DINESH RANE RANE Date: 2023.01.04 18:32:42 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.3287/2021 WITH
INTERIM APPLICATION NO. 860/2022 BALAKRAM ALIAS PANDIT HETRAM SAGAR ..APPLICANT VS.
THE STATE OF MAHARASHTRA ..RESPONDENT
Adv. Nikhat Momin i/b. Adv. Saima Ansari for the applicant. Mr. S. V. Gavand, APP for State.
Ms. Vrushali Maindad for respondent no.2-complainant. PSI P. B. Todase, Bhiwandi Taluka Police Station.
CORAM : M. S. KARNIK, J. DATE : JANUARY 4, 2023.
P.C. :
1. Learned counsel for the applicant seeks leave to withdraw this application. However, he requests that as the applicant is in custody for more than 3 years, the trial may be expedited.
2. The application is allowed to be withdrawn.
3. The request is reasonable. Considering that the applicant is in custody for more than 3 years, the trial Court is requested to expedite the trial. If there is no progress made within next six months in the trial, liberty to apply afresh.
4. The application is disposed of.
5. The interim application is also disposed of.
(M. S. KARNIK, J.)
1/1
1 issue framed by the court
Whether bail application may be withdrawn with a request for expediting trial due to prolonged custody.
BALAKRAM ALIAS PANDIT HETRAM SAGAR
THE STATE OF MAHARASHTRA
M. S. KARNIK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
