ANKLESH GOVIND RATHOD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Applicant, who is facing the trial in Sessions Case No. 132 of 2017 pending on the fle of the learned Additional Sessions Judge, Dindoshi, Borivali, Mumbai has fled this Application under Sec. 439 of the Code of Criminal Procedure Code (for short 'Cr. P. C.') to enlarge him on bail. The said case arises from C. R. No. 15 of 2017 registered with Kandivali Police Station for the offences punishable under Ss. 307 , 324 , 504 , 506 r/w. 34 of the Indian Penal Code .

(2.) Heard Mr. Tiwari, learned counsel for the Applicant and Mr. Pethe, learned APP for the Respondent - State. I have perused the record and considered the submissions advanced by learned counsel for the respective parties.

(3.) The case of the prosecution is that on 12/1/2017, the accused and co-accused had assaulted the frst informant and one Anil by means of an iron rod and cricket stump and thereby attempted to cause their death. The previous Bail Application, being B. A. No. 203 of 2019 was dismissed by this Court on 22/4/2019 on merits. The Applicant, thereafter, fled another Bail Application, being B. A. No. 3008 of 2021 which was allowed to be withdrawn on 29/9/2021. A perusal of the said order reveals that learned APP, on instructions, had made a statement that the prosecution intends to examine in all eight witnesses, out of which four witnesses were police personnel. It was further stated that the trial would be concluded within a period of six months. In view of this statement, the Applicant had sought leave to withdraw the Application with liberty to fle a fresh Application before the trial Court in the event, the trial Court did not conclude within six months. Since the trial did not conclude within six months, the Applicant fled a fresh Application before the trial Court. The said Application has been dismissed mainly on the ground that the Applicant is involved in committing serious offence and in view of his criminal antecedents.