Advocates:
['SANGRAM VIKAS SIRPURKAR', '', 'DIVYA M JOSHI', 'DR RENUKA SANGRAM SIRPURKAR']

Order

2409aba399.20

1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION [BA] NO. 399 OF 2020.

Sameer Sudhir Joshi.

-VERSUS-

The State of Maharashtra, through P.S. Ranapratap Nagar, Nagpur.

CRIMINAL APPLICATION [BA] NO. 1334 OF 2020.

Sameer Sudhir Joshi.

-VERSUS-

The State of Maharashtra, through P.S. Khadan, Akola.

Office notes, Office Memoranda of

Coram, appearances, Court'

s orders Court’s or Judge’s Orders

or directions and Registrar’s orders.

S/Shri A.M. Ghare and S.V. Sirpurkar, Advocates for the

Applicant.

Shri S.A. Ashirgade, A.P.P. for the Non-applicant.

CORAM : VINAY JOSHI, J.

DATE : SEPTEMBER 24, 2021.

Heard.

2.

Both applications are filed by one and same

applicant/accused namely Sameer Sudhir Joshi, seeking

regular bail on the same ground of delay in holding

trial. Hence, for the sake of convenience, they are

heard and taken up together for disposal.

3.

Criminal Application No. 399/2020, arise

out of Crime No.348/2013 registered with Ranapratap

Nagar Police Station, Nagpur for the offence punishable

Order

2409aba399.20

2

under Sections 406, 409, 420, 421, 120-B read with

Section 34 of the Indian Penal Code, under Section 3 of

the Maharashtra Protection of Interest of Depositors Act

(MPID) and Section 45-iA, 45-S punishable under

Section 58-B of the Reserve Bank of India Act, 1934,

which is later on numbered as MPID Case No. 3/2013,

pending on the file of Special Judge, Nagpur.

Criminal Application No.1334/2020 arise

out of Crime No.219/2013 registered with Khadan

Police Station, Akola for the offence punishable under

Sections 406, 409, 420, 465, 467, 468, 471, 472, 201

120-B read with Section 34 of the Indian Penal Code

and under Section 3 of the Maharashtra Protection of

Interest of Depositors Act (MPID), which is later on

numbered as MPID Case No. 73/2014, pending on the

file of Special Judge, Akola.

4.

The applicant is seeking bail purely on the

ground of delay in holding trial, as there is no

likelihood of concluding the said trial in near future. It

is submitted that the applicant came to be arrested on

13.10.2013, and for near about last 8 years, he suffered

pre-trial detention. It is not in dispute that for near

Order

2409aba399.20

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about last 8 years, the applicant/accused is languishing

in jail. In Crime No.399/2020, the applicant had twice

approached this Court for bail, however, both

applications were rejected vide order dated 26.04.2017

and 20.02.2018. While rejecting the second bail

application, this Court has expedited the trial with a

direction to decide the same within a period of one

year i.e. upto 19.02.2019, as per the report of the trial

Court dated 04.09.2021. The said period was extended

from time to time, and now the last extension would

expire on 23.08.2022. The report further indicates that

so far the prosecution has examined 56 witnesses, and

48 witnesses are still remained to be examined. It is

also informed that the charge sheet consists of 70000

to 80000 pages. The learned A.P.P. upon instructions,

filed a Pursis dated 14.09.2021, informing that the

prosecution is now intending to examine 19 witnesses

only.

5.

In Crime No.219/2013, the applicant has

earlier applied for pre-arrest bail to this Court which

was rejected vide order dated 22.12.2014. In said case,

this Court has not expedited the trial. The report of

Order

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Special Judge dated 03.09.2021 indicates that till date

not a single witness has been examined in the case.

The learned A.P.P. has filed a Pursis dated 18.09.2021,

informing that the prosecution is prosecution is

intending to examine 90 witnesses in said case.

6.

As regards the MPID Case No.3/2013

(Criminal Application No.399/2020), is concerned, till

date 56 witnesses have been examined as yet, and

some more witnesses remained to be examined.

Record demonstrate that this Court has for the first

time directed to complete the trial within