.abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 164 OF 2008 ------------------------------------------------------------------------ Office Notes, Office Memoranda of : coram, appearances, Court’s Orders: Court’s or Judge’s orders or directions and Registrar Orders: ------------------------------------------------------------------------ Mr.A.P. Mundargi i/b Mr.K.S. Patil for the applicant. Mr.K.V. Saste, A.P.P. for the State. CORAM : D.G. KARNIK, J. DATE : 5TH MARCH 2008 P.C. P.C. P.C. : 1. Heard. 2. This is an application for bail in connection with Crime No.289/2007 registered with Swargate Police Station, Pune. 3. Learned A.P.P. submitted that the hearing of the Sessions Case is practically over and only two witnesses remain to be examined and therefore the court may not consider this application at this stage. - 2 - 4. Learned counsel for the applicant submitted that the applicant is in custody since 10th August 2005, that is for a period of more than 2 1/2 years and the hearing is getting delayed without any fault of the applicant and therefore the application for bail should be considered on merits. He also pointed out that the charge was framed on 26th July 2006 and all witnesses have been examined except the two police officers, one of whom is the sanctioning authority and another is the investigating officer. Obviously, the evidence of the sanctioning authority would be short. 5. In the circumstances, it would be appropriate to request the Sessions Judge to expedite the recording of evidence of the remaining two witnesses. The applicant is free to move the Sessions Judge. If such a request is made, I have no doubt that the Sessions Judge would consider it appropriately. 6. In view of the aforesaid - 3 - direction,, learned counsel for the applicant seeks leave to withdraw the application. 7. Application is disposed of as withdrawn. (D.G. KARNIK, J.)