Mohd. Usman Abid Hussain Siddique v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 324 OF 2020 Mohd. Usman Abid Husain Siddique .... Applicant

Versus

The State of Maharashtra .... Respondent _____ Ms. Priyanka Dubey for Applicant.

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

_____ CORAM :SARANG V. KOTWAL, J.

DATE :03rd FEBRUARY, 2021 P.C. :

1.

This is an application for bail. The applicant had earlier approached this court vide Criminal Bail Application No.123 of 2019. This court vide order dated 16/08/2019 had passed following order:

"1. Learned APP makes a statement that the trial has already begun and two witnesses are already examined.

2. Learned counsel for the applicant submits that at this stage she does not press this application. However, if the trial is not over within a reasonable Gokhale

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period, liberty may be granted to the applicant to approach this court again for his release on bail.

3. Considering these submissions, the application is allowed to be withdrawn with liberty to the applicant to approach this court again for his release on bail, if the trial does not conclude within a period of four months from today.

4. The learned trial judge shall make efforts to conclude the trial before that because two witnesses are already examined.

5. With these observations, application is disposed of."

2.

Today, the learned counsel for the applicant makes a grievance that, after this order was passed there was hardly any progress in the trial and till today only three witnesses are examined. However, she submits that, now, only investigating officer's evidence is required to be recorded. 3.

Shri. Yadav, learned APP states that, therefore, instead of entertaining this bail application, at this stage, the trial court can be directed to complete the trial as it is nearing its end. 4.

On this suggestion, the learned counsel for the

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applicant prays for withdrawal of this application with a request that trial court be directed to complete the trial within a shortest possible time.

5.

Considering this reasonable approach of the learned counsel for the applicant, permission is granted to withdraw this application. However, the trial court is directed to complete the trial on or before 31/03/2021.

6.

The application is disposed of accordingly.

(SARANG V. KOTWAL, J.)