Dismissed

Tribhuvansigh Raghunath Yadav v. State of Maharashtra

Bombay HC22 Feb 2024BA/43/2024

Case brief

AI extract

What is this about?

In a bail application, the Single Judge observed that the prosecution has secured a timeline to conclude the trial within three months. Relying on this assurance, the Judge dismissed the bail plea but issued a direction for timely trial completion.

What did the court decide?

Bail application rejected subject to a direction that the trial must conclude by 31/05/2024; failure to do so warrants automatic bail release.

Tribhuvansigh Raghunath Yadav Vs State of Maharashtra — Bail and Remand | Bombay HC (2024)

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MANDIRA MILIND Digitally signed by MANDIRAMILIND SALGAONKAR SALGAONKAR Date: 2024.02.22 18:39:47+0530

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1/2 4 BA-43-24.odt

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E-f i le

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL BAIL APPLICATION NO.43 OF 2024

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Tribhuvansing Raghunath Yadav .. Applicant Versus

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The State of Maharashtra .. Respondent

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Mr.Vinod Kashid for the Applicant.

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Mrs.Mahalaxmi Ganpati, A.P.P. for the State/ Respondent. Investigating Officer, Mr.B.Sawant, Sr.P.I. (Retd.), present. PSI R.N.Loke, Pairavi Officer, Sakinaka Police Station, present.

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CORAM: BHARATI DANGRE, J. DATED : 22^nd FEBRUARY, 2024

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P.C:-

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The learned APP has placed before me the status of Case No.395/PW/2020 and according to the said report, three witnesses are already examined and five witnesses out of those, cited by the prosecution, are dropped, since the distinct panchnamas are admitted by the Accused.

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Thus, according to the prosecution, ten more witnesses are to be examined and the next date for examination of the witness is scheduled on 26/02/2024, when two witnesses are likely to be examined.

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M.M.Salgaonkar

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2/2 4 BA-43-24.odt

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It is specifically informed through the Investigating Officer as well as the learned APP has obtained instructions from the learned Prosecutor that the balance witnesses would be examined in every week and the trial shall be concluded within a period of three months.

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In the wake of the aforesaid, though Mr.Kashid would strenuously urge that the delay in trial itself is a ground for the release of the Applicant on bail, in the wake of the aforesaid scenario, with a clear direction being issued to the learned Magistrate that the judgment in the case, in any case, shall be delivered on or before 31/05/2024, I deem it appropriate to turn down the request of the Applicant.

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It is, however, made very clear that for any reason, if the trial is not concluded within the time-line specified above, without going into the seriousness or other aspect of the trial, the Applicant shall deserve his release on bail.

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With the aforesaid direction, the Application is rejected.

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( SMT. BHARATI DANGRE, J.)

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M.M.Salgaonkar

Tribhuvansigh Raghunath Yadav v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

Tribhuvansigh Raghunath Yadav v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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