Nazim Saleem Khan v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.1063 OF 2021 Nazim Saleem Khan ... Applicant Vs The State of Maharashtra ... Respondents ...

Ms. Jyoti R. Sahu for the Applicant.

Mr. H.J.Dedhia, APP for the Respondent-State. CORAM : SANDEEP K. SHINDE J.

DATE : 18 th AUGUST, 2021.

P.C. :

Heard.

Applicant/Accused No.2 in Crime No.212 of 2018 registered with Andheri Police Station initially for the offence punishable under Section 30t and later, under Section 302 of the Indian Penal Code, 1860, seeks his enlargement on bail. The alleged incident had occurred on 16th April, 2018 and the applicant was apprehended on 24th Shivgan 1/3

April, 2018. Investigation is over and the charge-sheet has been fled. I have perused the charge-sheet. Statements of eye witnesses Mohammed Shamim Shaikh and Hashrat Gullu Badshah Shaikh corroborate oral dying declaration of the deceased on material points. I have no reason to disbelieve the witnesses. For this reason, when the Court was not inclined to grant bail , the learned counsel for the applicant on instructions would seek leave to withdraw the application and would request let the trial in the Sessions Case No.229 of 2018 be expedited.

In consideration of the facts of the case, the learned Sessions Judge is requested to expedite the trial in Sessions Case No.229 of 2018 and preferably to conclude the same before 30th April, 2022. In case, trial is not concluded, applicant may renew his request for enlargement on bail.

Shivgan 2/3

Application is disposed of in the aforesaid terms. Registry is directed to send writ/copy of this order to the Trial Court.

It is made clear that observations made here-inabove be construed as expression of opinion for the purpose of bail only and the same shall not in any way influence the trial in other proceedings.

(SANDEEP K. SHINDE, J.) Shivgan 3/3