1 wp 606-2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 606 OF 2011 Sandeep Raghunath Pawar ...Petitioner VS. The State of Maharashtra & Ors. ...Respondents Mr.A.K. Singh i/b. Mr.P.R. Pandey for the Petitioner. Dr.F.R. Shaikh, APP for the State. CORAM : B.H. MARLAPALLE & U.D. SALVI, JJ. JUNE 16, 2011 P.C. :- 1 Heard Mr.Singh, the learned Counsel for the petitioner. 2 The petitioner is one of the accused in CC No.428/2009 presently pending before the 2nd Court of the learned Judicial Magistrate, First Class at Thane and for the offences punishable under Sections 420, 467, 468, 471 and 465 read with 34 of IPC. The petitioner was an employee of Tata Motors and he was 2 wp 606-2011 charge-sheeted with forgery to the tune of Rs.61 lakhs. 3 He has been in custody after CR No.120/2009 was registered and his bail application came to be dismissed right upto this Court. While dismissing Criminal Application No.4684/2010, this Court (Single Bench) noted :- “ The learned Magistrate shall also ensure that the case be taken up for early hearing considering the cases of other under trial prisoners pending before him and shall dispose of the same as early as possible.” Based on the above observations made by this Court, the petitioner now contends that there is no progress in the trial in CC No.428/2009 and he has been in jail for about two years continuously. It is his plea that if he remains in jail without trial, the guarantee under Article 21 of the Constitution is denied to him. 3 wp 606-2011 4 We have noted that for the offence punishbale under Section 467, the sentence could be for life as well and in any case, the observations made by this Court regarding expeditious trial were subject to the pendency before the trial Court. 5 We are, therefore, satisfied that there is no case made out to issue directions as prayed for and the plea to enlarge the petitioner on bail cannot be entertained in the writ petition filed under Article 226 of the Constitution of India. 6 Hence, the petition is rejected. However, if the petitioner moves a fresh bail application after about six months from now, on the basis of changed circumstances, the same will have to be considered by the competent court on its own merits. (U.D. SALVI, J) (B.H. MARLAPALLE, J)