Mohammed Suhail Mohammed Iliyas v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.267 OF 2020 Mohammed Suhail Mohammed Iliyas Shaikh .. Applicant

Versus

The State of Maharashtra .. Respondent ...

Mr.S.V. Marwadi for the applicant.

Mr.Ajay Patil, APP for the State.

CORAM: BHARATI DANGRE, J.

DATED : 31st JULY 2021 P.C:- Heard Mr.Marwadi, learned counsel for the applicant. On expressing my disinclination on the basis of the circumstances compiled in the charge-sheet, he seek permission to withdraw the application. Mr.Marwadi is perfectly justified in inviting my attention to the fact that the C.R is registered on 27th September 2018 and the applicant himself surrendered before the police station on the very same day and came to be arrested. Since then, he is incarcerated. Down the line, merely three years, the charge is not framed though the charge-sheet is filed on 24th Tilak

2/2 2 BA 267-20.doc December 2018. The applicant cannot be kept incarcerated indefinitely and his trial must be concluded since he has a right of a speedy trial.

Though I would be otherwise reluctant to fix up a schedule for trial, considering the long period of incarceration of the applicant, the learned Sessions Court is requested to frame the charge within a period of three months from today and then proceed with the trial by fixing a calendar or preferably conducting the trial on day to day basis and expeditiously conclude the same. If the trial is not concluded within a period of one year of framing of charge, the applicant is at liberty to renew his request for grant of bail.

With the aforesaid directions, application is disposed of as withdrawn.

SMT. BHARATI DANGRE, J Tilak