LAWS(BOM)-2020-12-249

SUNITA MOHAN TUPSOUNDARYA Vs. STATE OF MAHARASHTRA

Decided On December 08, 2020
Sunita Mohan Tupsoundarya Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This is the third bail application preferred by the applicant through jail, seeking her enlargement on bail in connection with C.R. No. 473 of 2018 registered with the Park Site Police Station, Vikhroli (West), Mumbai, for the alleged offences punishable under Sections 420 and 406 of the Indian Penal Code.

(3.) Learned amicus curiae submits that despite the trial having been expedited and made time-bound, till date, the trial has not concluded. He submits that recently i.e. on 23rd November 2020, the trial Court had allowed an application preferred by the original accused No. 4 for bail, despite the fact that the trial was in progress and the matter was posted for recording of 313 statement. He submits that the applicant is in custody since 2016. He submits that out of the 6 similar cases registered against the applicant, the applicant has been released on bail in all the said 5 cases either by the Magistrate Court, Sessions Court or this Court. Learned counsel submits that this Court on 28 th January 2019 released the applicant on bail, where the applicant was also charged with other offences i.e. Sections 465 , 467 , 468 , 471 , 474 r/w Section 34 , apart from Section 420 of the Indian Penal Code. He submits that since the trial Court has passed an order on 26th November 2020 wanting to examine two more witnesses i.e. the husband of the informant Jeevan More and one Arun Naik, the trial is likely to get further delayed. Learned counsel for the applicant states that the applicant will attend the trial Court on every date of the hearing.