Mohd Abrarul Haq Nizamuddin Shaikh v. The State Of Maharashtra

1/2 23-ba-135-19.doc rpa

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.135 OF 2019 Mohd Abrarul Haq Nizamuddin Shaikh .. Applicant

Versus

State of Maharashtra .. Respondent .......

Ms.Anjali Patil, Advocate for the Applicant.

Mr.S.H. Yadav, APP for Respondent - State.

PSI Savita Sule, Ghatkopar Police Station, Mumbai, present. .......

CORAM : PRAKASH D. NAIK, J.

DATED : NOVEMBER 18, 2019.

P.C. :

This is a second Application for bail. The previous Application was rejected by this Court on 3rd October, 2018. The Applicant is prosecuted for the ofences punishable under Sections, 354-A, 354, 506 of Indian Penal Code and Sections 8, 10 and 12 of the POCSO Act.

Learned Advocate for the Applicant submitted that the Applicant is in custody from 27th March, 2018. There is no progress in the trial. On perusal of Roznama, it appears that charge was framed

2/2 23-ba-135-19.doc on 27th June, 2019, however, so far no witness has been examined. Learned APP, on instructions, submits that the next date before the trial Court is 30th November, 2019. Prosecution proposes to examine about fve witnesses. In this circumstances, it would be appropriate to direct the trial Court to expedite the trial and conclude the same as early as possible. The Applicant is in custody for the period of about one and half year and considering the factual matrix of the case, trial Court is directed to conclude the trial within a period of three months from the date of receipt of copy of this order. Bail Application stands disposed of.

(PRAKASH D. NAIK, J.)