Muzaffar Ali Gous Sayad v. State Of Maharashtra

912-BA-799-24.DOC Sayali Upasani

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 799 OF 2024 Muzaffar Ali Gous Sayad ...Applicant Vs.

The State of Maharashtra

...Respondent

SAYALI DEEPAK UPASANI Mr. Shehzad N. i/b Rulisar Shaikh, for Applicant. SAYALI DEEPAK UPASANI Date: 2024.02.29 19:46:01 +0530 Mrs. Geeta P. Mulekar, APP for State.

CORAM:- N. J. JAMADAR, J.

DATED:- 28th FEBRUARY, 2024.

PC :- 1) Heard the learned Counsel for the parties.

2) Perused the order passed by this Court on 21st October, 2021 and the order passed by the Additional Sessions Judge on 15th November, 2022.

3) The learned Counsel for the applicant submitted that the charge has yet not been framed and the matter is now posted for framing of the charge on 13th March, 2024.

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912-BA-799-24.DOC 4) Indeed, the allegations against the applicant find prima facie support in the statement of the first informant, witnesses and the Medical Officer. Nonetheless, the fact that the applicant has been in custody for more than three years and nine months cannot be lost sight of.

5) In the circumstances, as the first application was dismissed as withdrawn by this Court on 21st October, 2021, it may be expedient to direct the Court of Session to commence and conclude the trial in Sessions Case No. 375 of 2020 as expeditiously as possible and preferably within a period of four months from 13th March, 2024.

6) In the event the trial is not completed within the said period of four months, the applicant shall be at liberty to renew the prayer for bail before this Court.

7) It is hereby made clear that the applicant shall not seek any adjournment and render the necessary co-operation in the expeditious conclusion of the trial.

8) With the aforesaid directions, the application stands disposed.

[N. J. JAMADAR, J.] 2/2