Jawahar Chellaram Bijlani @ Suresh Bijlani v. The State Of Maharashtra

Tilak 1/2 (903)BA-67-16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.67 OF 2016 Jawahar Challaram Bijlani @ Suresh Bijlani .. Applicant

Versus

The State of Maharashtra .. Respondent --- Mr.Shirish Gupte, Sr.Advocate with Mr.MZM Shaikh i/b Aamir Shaikh, Advocate for the applicant.

Mr.S.A. Sawant with Mr.Himanshu Kode, Advocates for Intervenor in APPP No.48/16.

Mrs.A.S.Pai, APP for the Respondent State.

--- CORAM : ABHAY M. THIPSAY, J.

DATED : 1st APRIL 2016 --- P.C. :

Heard Mr.Shirish Gupte, Senior Advocate for the applicant. Heard Mrs.A.S. Pai, learned APP for the State. The basic contention advanced by the learned Senior Advocate for the applicant is that the case against the applicant is based only on suspicion, and that since the trial has not commenced inspite of the fact that the applicant is in custody for a period of more than three years, he be now released on bail.

Tilak 2/2 (903)BA-67-16 However, in the course of arguments, when it was pointed out, inter alia, by the learned APP that the Bail Application preferred by the applicant has been rejected by the Supreme Court of India also in the month of October 2015, the learned Senior Advocate submits that he would not press the present application. He, however, submitted that the applicant should be given liberty to apply afresh for bail in the event of the trial not commencing within a period of three months from today.

This seems reasonable.

Application is allowed to be withdrawn and stands dismissed as such, with liberty to the applicant to apply afresh for bail in the event of the trial not commencing within a period of three months from today.

(ABHAY M.THIPSAY, J)