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The bench recorded that the workload of the concerned court regarding pending trials is heavy and there is remote possibility of the trial being completed within the foreseeable future
The Bombay High Court has granted bail to a man who spent 8 years in prison for allegedly killing his sister-in-law, with the trial yet to be concluded.
A single judge bench of the high court, comprising Justice Manish Pitale, was hearing a bail application filed by the man, who was arrested on 24th January 2014. He was booked under Section 302 of the IPC and the Arms Act.
The counsel appearing for the applicant submitted that the applicant has already suffered incarceration for a period of almost 8 years and 9 months. It was submitted that although the charge in the present case was framed as far back as on 11th April 2018, the trial did not commence for a considerable period of time, and as of today, only 4 witnesses have been examined, while the charge sheet cites 29 witnesses.
Furthermore, he argued that considering the pendency of matters and the heavy workload of pending trials before the concerned court, there is no possibility of the trial being completed within a reasonable period of time.
The Additional Public Prosecutor, appearing for the state, opposed the application, arguing that there is no case for the applicant to be granted bail on merits, as there is ample material to show his direct involvement in the murder of his sister-in-law.
The bench recorded that the workload of the concerned court regarding pending trials is heavy and there is remote possibility of the trial being completed within the foreseeable future.
Therefore, while granting bail, the bench noted that the applicant had made out a case of long incarceration.
“The applicant does not have any criminal antecedents and prima facie, the offence appears to have been committed as an act of passion by the applicant. It is an admitted position that the applicant has already suffered incarceration for almost 8 years and 9 months. Only 4 out of 29 witnesses have been examined and therefore, this Court finds that the trial being completed within a reasonable period of time may not be possible,” the order reads.
Mr. Omneel A. Jadhav for the Applicant.
Mr. Bapu V. Holambe-Patil, APP for Respondent-State.
Mr. Ganesh Ragunath Bhabad, PSI, Manpada Police Station, Dombivali, Dist. Thane.
Case title: Vikas Mahendra Gupta vs State of Maharashtra
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