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2017 Supreme(SC) 1552

RANJAN GOGOI, L.NAGESWARA RAO
Sagar Tatyaram Gorkhe – Appellant
Versus
State of Maharashtra – Respondent


Advocate Appeared:
For the Petitioners:Ms. Rebecca John, Sr. Advocate, Mr. Jawahar Raja, Mr. Gautam Bhatia, Mr. Chirmay Kumar, Mr. Uday Manaktala and Mr. Pukhrambam Ramesh Kumar, Advocates.
For the Respondent:Mr. Nishant Ramakantrao Katneshwarkar, Advocate.

JUDGMENT :

Leave granted.

2. We have heard the learned counsels for the parties.

3. The present applications/appeals for bail is on behalf of the accused Nos.8, 10 and 11. Out of a total of 15 accused, 4 accused are absconding and of the remaining 11 accused, 8 have been released on bail by different forums including one accused by this Court by its order dated 4th May, 2016.

4. The charges against the accused are, undoubtedly, serious. However, as observed in the earlier order of this Court dated 4th May, 2016 such charges will have to be balanced with certain other facts like the period of custody suffered and the likely period within which the trial can be expected to be completed. In our previous order dated 12th July, 2016 passed in the present matter the statement made on behalf of the State that the trial would be completed within a period of six months has been recorded. We are informed today that till date only one witness has been examined and that too his examination is also not over. The prosecution proposes to examine 147 witnesses. The accused appellants have been in custody close to four years.

5. In the above circumstances, we are of the view that the accused appellants


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