1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION NO. 1785 OF 2010 (Murli Maniram Dhurve .v. State of Maharashtra) Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Shri R.M. Daga, Advocate for the applicant. Shri A.S. Parihar, APP for the respondent/State. CORAM : PRASANNA B. VARALE, J. 24TH NOVEMBER, 2010. Heard. Learned Counsel for the applicant submits that this is the third occasion where the applicant is approaching this Court for seeking bail. He submits that initially the applicant had approached to the Court of Session, Bhandara with a prayer for enlarging him on bail and the said application came to be rejected by the learned Sessions Judge, Bhandara vide order dated 06.01.2009. Thereafter the applicant moved this Court by filing Criminal Application No. 629 of 2009 and the same was also rejected with liberty to the applicant to file fresh application for bail in case the trial does not commence within a period of three months. Learned Counsel for the applicant further submits that the trial could not commence within three months and as such the applicant again approached this Court by filing Criminal Application No. 2862 of 2009 which was decided on 25.08.2009 and this Court in the said order expressed that the trial Court is expected to hear and decide the case expeditiously as possible. He further submits that unfortunately as there was no progress, the applicant again approached to this Court by filing Criminal Application No. 580 of 2010 and this Court vide order dated 04.08.2010 disposed of the said application by directing the learned trial Court to frame charge and begin trial within three months and if the trial does not begin within three months, the 2 applicant would be entitled to make application for grant of bail. Learned Counsel for the applicant further submits that the applicant is behind the bars from 30.03.2008 i.e. more than two years and seven months and still there is no progress for commencement of trial. He further submits that unfortunately in spite of directions issued by this Court, there is no progress of trial and same is just standstill. Learned Counsel submits that insofar as the merits are concerned, the role attributed to the applicant is his presence on the spot, armed with the weapon sword and caught hold the victim. Apart from these allegations, there is no other allegation against the applicant so as to say that the applicant had actively participated in the assault. Learned Counsel for the applicant places reliance on the judgment of the Apex Court in the case of Dharmendra Chandulal Patel .v. State of Gujarat (reported in 2002 All MR (Cri) 452) and the judgment of this Court in the case of Rajdev Kumar Mathura Yadav @ Pappu .v. State of Maharashtra (reported in 2010 All MR (Cri) 1466. Learned APP opposes the application. Learned APP further submits that as per the instructions received by him, it is informed that the case is pending in the Court of learned Additional Sessions Judge, Bhandara and the next date in the case is fixed as 24.11.2010. Even considering the information received by the learned APP, no other conclusion is drawn except that there is no progress in the matter. Learned APP further submits that on the earlier occasion also the prayer for grant of bail made by the applicant was opposed. In view of the view taken by this Court in the matters of Dharmendra Chandulal Patel .v. State of Gujarat (cited supra) and Rajdev Kumar Mathura Yadav @ Pappu .v. State of Maharashtra (cited supra), prima facie case is made out. Insofar as merits are concerned, it is not in dispute that the role attributed to the applicant is, his presence on the spot, armed with weapon 3 and holding the victim. It is not in dispute that the applicant is behind the bars for last more than two and half years and the pendency of the trial cannot be attributed to the applicant. In the result, the application is allowed. The applicant be released on bail on furnishing PR bond of Rs.20,000/- (rupees twenty thousand only) with one surety in the like amount, on the following conditions. (i) The applicant to cooperate with the investigating agency and attend the Police Station, Tumsar on every 2nd and 4th Sunday between 09:00 a.m. and 12:00 noon. (ii) The applicant shall not tamper with the evidence nor commit any act such as contacting the prosecution witnesses or pressurize them. (iii) The applicant to submit his residential address and his contact numbers such as phone/mobile numbers to the investigating agency. (iv) In case the applicant is moving out of the area of Police Station, Tumsar, he shall inform the Police Station about his visit to other place. In case of breach of these conditions, the prosecution agency to take necessary steps in accordance with the provisions of law. JUDGE *rrg.