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Bombay High CourtBA/824/2022disposed off

Diatta Jerome v. State Of Maharashtra

2024-02-20Hon'Ble Shri Justice Prithviraj K. Chavan2 pages

14-BA-824-2022.doc Shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.824 OF 2022 Diatta Jerome ] Applicant Vs.

The State of Maharashtra ] Respondent .....

Mr. Mithilesh Mishra a/w Mr. Ashley Cusher, for Applicant. Mr. A.A. Palkar, A.P.P, for Respondent - State. ......

CORAM : PRITHVIRAJ K. CHAVAN, J.

DATE : 20th FEBRUARY, 2024.

P.C.

1.

Learned A.P.P invites my attention to the report of the Forensic Science Laboratory dated 8th March, 2021 confirming the fact that seized contraband contained narcotic drugs like Alprazolam, Lorazepam, Cocaine, Morphine, Nitrazepan, Diazepam, Mephedrone, MDMA, Ketamine and Heroin. Admittedly, it is a commercial quantity. It is a fact that co-accused is at large who could not be nabbed by the Investigating Agency. It is submitted that matter is for framing charge.

SHAILAJA SHRIKANT HALKUDE SHAILAJA SHRIKANT HALKUDE Date: 2024.02.21 14:34:19 +0530

14-BA-824-2022.doc 2.

Looking to the period of incarceration the applicant has undergone, the trial Court shall frame charge within two weeks and thereafter shall commence the trial. The prosecution shall procure the presence of it's witnesses without seeking any adjournments. The trial Court shall make an endeavour to conclude the trial within one year from the date of framing of the charge. In case, the trial Court is unable to conclude the trial within the aforesaid period, liberty to the applicant to revive his prayer for bail. 3.

Application stands disposed of in the aforesaid terms. [PRITHVIRAJ K. CHAVAN, J.]