1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (BA) NO. 426 OF 2011 ( Vilas Haribhau Lanjewar Vs. State of Mah. PSO PS Tumsar ) ........................................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ........................................................................................................................................................................ Shri N. D. Sonare Adv h/f Shri Bhutada Adv for applicant. Shri N. V. Thakre APP for non applicant/State. CORAM: M. N. GILANI J. DATED: 12th AUGUST, 2011. . Criminal case No. 9 of 2005 for the offence punishable under Sections 341, 392, 511, 323, 506 read with Section 34 of Indian Penal Code is pending against the applicant. Trial has already commenced. When the learned Sessions Judge disposed of the bail application on 14.07.11, five witnesses were already examined. It is the contention of the learned counsel for the applicant that, owing to mental illness of the applicant, he remained absent. Thereafter he presented himself before the Court on 08.01.11 and since then he is in custody. 2 Whatever may be the reasons put forth before the Court for the non attendance of the accused, fact remains that the case is pending since 2005. There are two other co-accused facing trial along with the present applicant. Five witnesses have already been examined, after that it is presumed that some more progress must have been made in the matter. In that light of the matter, bail application cannot be considered. Bail application is rejected. Learned Magistrate is directed to make endevour to dispose of the Criminal Case No. 9 of 2005 as expeditiously as possible. If the trial is not completed within two months from the date of this order, applicant is at liberty to move fresh application before the Magistrate who shall consider the same according to law. JUDGE svk 3