NITESH RAGHUNATH LAHANGE vs STATE OF MAHARASHTRA AND ANR

Judgment text excerpt

13-ba-4723-2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.4723 OF 2024 Nitesh Raghunath Lahange …Applicant Versus The State of Maharashtra & Anr. …Respondents _______________________________________________________________ Mr. Gautam T. Kanchanpurkar, for the Applicant. Mr. Vivek Arote, Appointed as Legal Aid Counsel, for the Respondent No.2. Ms. P. P. Bhosale, APP for the Respondent – State. Mr. Vikas Naik, SDPO, Boisar, present. Head Constable Jayesh Keni, S.D.P.O. Office, present. _______________________________________________________________ CORAM: MADHAV J. JAMDAR, J. DATED: 17th MARCH 2025 JUDGMENT: 1. Heard Mr. Kanchanpurkar, learned Counsel for the Applicant and Ms. Bhosale, learned APP for the Respondent – State. 2. This is a second Bail Application. The first Bail Application bearing Criminal Bail Application No.56 of 2024 had been allowed to be withdrawn with liberty to file a fresh Application after a reasonable period in case there is no substantial progress in the trial. The said order has been passed on 8th January 2024. The present Bail Application has been filed on 18th November 2024. 3. The relevant details are as under :- 1 C. R. No. I-105 of 2022 2 Date of registration of F.I.R. 07.03.2022 3 Name of Police Station Boisar Police Station, District- Palghar Vaibhav Page No. 1 13-ba-4723-2024.doc 4 Section/s invoked Section 376(D), 366, 506 r/w 34 of the I.P.C., 1860 5 Date of incident 07.03.2022 6 Date of arrest 07.03.2022 7 Date of filing Charge-sheet 11.05.2022 4. It is the submission of Mr. Kanchanpurkar, learned Counsel appearing for the Applicant that although the Applicant is incarcerated for about 3 years, there is no progress in the trial. He submits that therefore as there is violation of