Shamim Moharamali Shaikh v. State Of Maharashtra

2023:BHC-AS:36819 Diksha Rane 9 BA 77223.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.772/2023 SHAMIM MOHARAMALI SHAIKH ..APPLICANT VS.

THE STATE OF MAHARASHTRA ..RESPONDENT ------------ Adv. Santosh Musale for the applicant.

Ms. Rutuja Ambekar, APP for the State.

------------ CORAM : M. S. KARNIK, J.

DATE : DECEMBER 8, 2023.

P.C. :

1.

Heard learned counsel for the applicant and learned APP for the State.

2.

This is an application for bail in respect of the offence punishable under Sections 376 (2)(m), 326, 324, 323 of the Indian Penal Code (hereafter 'IPC' for short) registered on 18/6/2021 vide C.R. No.272/2021 with Chiplun Police Station, Ratnagiri.

3.

The applicant was arrested on 21/6/2021. It is the contention of learned counsel for the applicant that the applicant is in custody for more than two and half years and even the charge has not been framed.

1/2

Diksha Rane 9 BA 77223.doc 4.

Learned counsel for the applicant invited my attention to the statement of the victim recorded on 17/6/2021. With the assistance of learned counsel for the applicant and learned APP, I carefully perused the statement of the victim. The accusations are serious in nature. I am not inclined to enlarge the applicant on bail at this stage.

5.

Considering that the applicant is in custody for more than two and half years, learned trial Court is requested to consider expediting the trial, if possible.

6.

Liberty to apply for bail after one year in case the trial does not proceed substantially.

7.

The application is rejected and disposed of accordingly. (M. S. KARNIK, J.) 2/2