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Bombay High CourtBA/478/2015others disposed off

Babloo Rafique Sheikh v. The State Of Maharashtra

2015-06-18Hon'Ble Smt. Justice S.S. Jadhav2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 478 OF 2015 Babloo Rafique Shaikh.

... Applicant.

Versus

The State of Maharashtra.

... Respondent.

--- Mr. Sudeep Pasbola a/w. Mr. Bhanesh Thakur i/b. Mr. Rahul Arote, advocate for Applicant.

Ms. Rutuja Ambekar, APP for State.

--- CORAM : SMT. SADHANA S. JADHAV,J DATE : JUNE 18, 2015 P.C.:

Learned Counsel for the applicant submits that in the present case i.e. in Sessions Case No. 88 of 2013 charge is framed on 1/4/2014. According to the learned Counsel, there is no further progress in the trial and therefore, he prays for bail. On 20th August, 2014, the application seeking bail filed by the present applicant was heard on merits and after arguing for some time, the learned Counsel for the applicant upon instructions sought Talwalkar 1/2

12.ba478.15.sxw liberty to withdraw the application. Liberty was granted in the interest of justice. However, at that time this Court had not requested the Sessions Court to expedite the trial.

The learned Counsel for the applicant upon instructions seeks liberty to withdraw the application. Liberty as prayed for is granted in the interest of justice. The application stands dismissed as withdrawn. Taking into consideration the fact that the case rests upon circumstantial evidence and that charge is framed more than one year ago, at this stage this Court would request the learned Sessions Court to make an endeavour to conclude recording of evidence as far as possible within 9 months from the date of receipt of this order.

The application is disposed of accordingly.

(SMT. SADHANA S. JADHAV,J) Talwalkar 2/2