Suresh @ Gama Abhimanyu Shinde vs The State Of Maharashtra And Anr
2023 Latest Caselaw 11445 Bom

2023:BHC-AS:33988-DB

                                                  1/2                     32 apeal 903-19.doc


                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               CRIMINAL APPELLATE JURISDICTION
                                  CRIMINAL APPEAL NO. 903 OF 2019


               Suresh @ Gama Abhimanyu Shinde                   .. Appellant
                                        Versus
               The State of Maharashtra and anr                 .. Respondent
                                             ...

               Mr. Viresh Purwant for the appellant
               Ms.Shraddha Sawant, Appointed Advocate for respondent no.2.
               Ms.M.R.Tidke, APP for the State.
               Shri Santosh B. Gaikwad, ACP, Div-1, Solapur City present.

                                           CORAM: BHARATI DANGRE, J.

DATED : 7th NOVEMBER, 2023 P.C:-

1 The appellant seek his release on bail as he is arrested in the C.R. registered in the year 2018, which had invoked Sections 302, 120B, 143, 147, 148, 149 of the IPC and Section 3(2)(va) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Mr.Purwant would submit that the role attributed to the appellant is very limited and apart from this, his advanced age should be taken into consideration for securing his release, as the trial is not completed. Opposing the application, the counsel for the complainant and the learned APP would submit that the

Tilak

2/2 32 apeal 903-19.doc

prosecution has examined 25 witnesses and three more witnesses are to be examined. There are 7 accused persons who face the trial and the learned APP would submit that the recording of the evidence shall be concluded on or before 31/12/2023 including recording of statement of the accused persons u/s.313 of Cr.P.C and in such a case, the Sessions Judge shall deliver his judgment in any case, on or before 31/1/2024.

However, if the aforesaid exercise, as directed is not concluded, I deem it appropriate to confer the liberty upon the appellant to approach this Court and this time only on the ground of long incarceration.

Appeal is disposed off.

( SMT. BHARATI DANGRE, J.)

Tilak