Nityanand Narayan Nayak v. The State Of Maharashtra

1/3 nsc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.382 OF 2016 (THROUGH JAIL) Nityanand Narayan Nayak ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr.Gaurav Parkar, Amicus Curiae for the Applicant. Mr.P.D.Gharat, Special P.P. for the Respondent-CBI. CORAM : REVATI MOHITE DERE, J.

DATE : 12th MARCH, 2018 P.C. :

1.

Heard learned counsel for the parties.

2.

By this application filed through jail, the Applicant seeks his enlargement on bail in connection with C.R.No.104 of 2012 registered with the Amboli Police Station, Mumbai, for the alleged offences punishable under Sections 307, 120(B), 34 of the Indian Penal Code, under Sections 3, 25 and 27 of the Arms Act and under Sections 3 (1)(i)(ii), 3(2) and 3(4) of

2/3 Maharashtra Control of Organized Crime Act.

3.

Learned Special Public Prosecutor appearing on behalf of the Respondent-CBI, states that till date 8 to 9 witnesses have been examined and that about 6 to 7 witnesses are yet to be examined. He submitted that they will complete the examination of all the remaining witnesses, within three months from today. Statement accepted.

4.

Learned Amicus Curiae submitted that there is no material in the entire charge-sheet, to connect the applicant with the alleged offences. 5.

Be that as it may, without going into the merits, considering the fact that trial has already commenced and till date 8 to 9 witnesses have been examined and considering the statement made by the learned Special Public Prosecutor, it would be appropriate, to direct the learned Judge to conclude the trial, as expeditiously as possible and preferably within six months from the date of receipt of this order. 6.

The Application is disposed of in above terms.

3/3 7.

Registry to communicate the above order to the applicant, who is lodged in Arthur Road Jail, Mumbai.

(REVATI MOHITE DERE, J.)