Sajid Ali Shaikh @ Pappu v. Narcotcs Control Bureau And ANR

1/2 40 BA 1094-22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1094 OF 2022 Sajid Ali Shaikh @ Pappu ..

Applicant

Versus

Narcotics Control Bureau & Anr ..

Respondents ...

Mr. Tabish Mooman with Aditi Kathekar for the applicants. Mr.Shreeram Shirsat with Amandeep Singh Sra, Nishi Singhavi, Shekhar Mane for respondent NCB.

Mrs.Rutuja Ambekar, APP for the State.

CORAM: BHARATI DANGRE, J.

DATED : 20th SEPTEMBER 2022 P.C:- The learned counsel Mr.Shirsat appearing for the NCB has obtained instructions from Mr.Kiran Babu, the Investigating Officer and he submits that Sessions Case No.20/2017 pending before the 44th Sessions Court, Mumbai is in progress.

Learned counsel make a specific statement that six witnesses are already examined and today, seventh witness was under examination, and the evidence is part-heard. It is informed that three more witnesses are to be examined by the NCB.

Tilak

2/2 40 BA 1094-22.doc On instructions and taking assessment of the situation, Mr.Shirsat on instructions, make a statement that the examination of the witnesses would be expeditiously concluded, provided the Court direct the case to be heard on day-to-day basis.

In the wake of the aforesaid statement, since the applicant is incarcerated since 24/8/2016 i.e. for more than six years as on today, the Sessions Court at Mumbai, who is seized of Sessions Case No.20/2017 is requested to conduct the proceedings in the case on day-to-day basis.

The learned Judge is only reminded of the long period of incarceration and the fact that it is a right conferred on every citizen of this country to have a speedy trial and the long incarceration is violation of the right conferred upon him. I hope and trust the Sessions Court who would grant priority to the case in hand and shall conclude the proceedings therein on or before 30/12/2022.

In the wake of the aforesaid statement, application is disposed off.

Needless to state that failure to adhere to the aforesaid directions, will entitle the applicant to renew his request for being released on bail.

( SMT. BHARATI DANGRE, J.) Tilak