HEMANT RAMESH GAIKWAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is third time the applicant is approaching this Court for his release on bail in connection with C.R. No.281/2018 registered at Saswad police station, District- Pune under Ss. 302, 307, 143, 145, 147, 148 read with 149 of IPC and under Sec. 3(25) of the Indian Arms Act. On the first occasion, the applicant had preferred Criminal Bail Application No.1726/2019. In that application, following order was passed on 27/9/2019:

(2.) The present application is filed on the ground that the other accused, who are similarly placed, were granted bail by the coordinate Benches of this Court. Learned counsel for the Applicant invited my attention to the material on record.

(3.) Vide aforesaid order dtd. 15/3/2022, directions were issued to conclude the trial within a period of nine months from 15/3/2022. That period is over, but, the trial has not concluded. Therefore, I had called for the report from the trial Court as to why the trial could not be concluded. The District Judge-14 and the Additional Sessions Judge, Pune vide his report dtd. 13/1/2023 has explained as to why the trial could not be concluded. It is mentioned in that report that there were fifteen accused in the case i.e. Sessions Case No.786/2018. Out of them, two accused had died; and one accused i.e. the present applicant is an under-trial prisoner. The charges were framed against the accused on 25/4/2022. The accused Nos.13 and 14 were absent and, therefore, NBWs were issued against them. But subsequently they were reported to be dead. On 5/7/2022, the Special Public Prosecutor had filed an application under Sec. 294 of Cr.P.C. and the defence had replied to it on 30/9/2022 and 11/10/2022. Learned Advocate for the accused had filed an application for getting copies of digital evidence from the concerned Forensic Laboratory. That application was made on 23/9/2022 and the matter was fixed on six dates for furnishing the copies of digital evidence. After those copies were furnished, the matter was fixed for recording the evidence on 29/11/2022. On that day, two pancha witnesses were present in the Court as prosecution witnesses, but learned Advocate for the accused Nos.1, 2, 6, 7, 8 and 13 filed an application for calling the record of the cross-case based on the FIR lodged by one of the accused Suresh, from the Court of Magistrate. Pursuant to that, a letter was sent to the J.M.F.C., for committing the cross-case in R.C.C. No.252/2019 to the Court of Sessions at Pune so that both the cases can be decided simultaneously. Those record and proceedings are yet to be received. The report mentions that the J.M.F.C. had given the date of 19/1/2023 for appearance of the accused before the Sessions Court.