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Bombay High CourtBA/174/2019bail rejected

Jayu@Zahir Sharif Khan v. The State Of Maharashtra

2019-03-07Hon'Ble Shri Justice Prakash D. Naik2 pages

spb/ 914ba174-19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION Cri. BAIL APPLICATION NO. 174 OF 2019 Jayu @ Zahir Sharif Khan ... Applicant.

V/s.

The State of Maharashtra ... Respondent.

--- Ms. Anjali Patil, Advocate, for the Applicant. Mr. S. R. Agarkar, APP for the State.

(Ms. Suvarna Katkar, PSI, Ambalo Police Station, is present.) --- CORAM : PRAKASH D. NAIK, J.

DATE : MARCH 07, 2019.

PC :

This is second application for bail. Earlier, application was rejected by order dated 14th July, 2017 passed by this court. Learned counsel for the applicant submits that the applicant is in custody since 2016. The prosecution has examined the victim. She has not supported the prosecution case. It is submitted that the complainant is habitually filing complaints.

Learned APP submits that earlier application for bail was rejected on merits. The prosecution intends to examine about 10 more witnesses in support of its case. Borey 1/2

spb/ 914ba174-19.odt I have perused order dated 14.07.2017. The application was rejected by giving detailed reasons. Prosecution is yet to adduce other evidence. On the basis of submissions of learned counsel for the applicant, bail cannot be granted to the applicant. However, considering the fact that the applicant is in custody since 2016 and since the trial has already commenced, the trial court shall make endeavour to complete the trial as early as possible.

Bail Application stands rejected and disposed of accordingly.

(PRAKASH D. NAIK, J.) .....

Borey 2/2