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Bombay High CourtBA/2026/2021disposed off

Arshad Ayub Shaikh v. The State Of Maharashtra

2021-07-02Hon'Ble Smt. Justice S.S. Jadhav2 pages

23-ba-2026.21.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.2026 OF 2021 Arshad Ayub Shaikh ... Applicant V/s.

The State of Maharashtra ... Respondent ------------------- Mr. Manoj Kumar Tiwari, Advocate for the Applicant. Ms. P.P. Shinde, APP for the Respondent - State. Mr. Sanjay Sawant, PSI, Khar Police Station, Mumbai. --------------------- CORAM :SMT. SADHANA S. JADHAV, J.

DATED :2nd JULY 2021.

P.C. :

(Through Video Conferencing) 1.

The learned APP has placed on record report dated 2nd July 2021 indicating that the recording of the evidence of the complainant is completed and the next date for recording of evidence is 14th July 2021.

2.

The learned counsel for the applicant submits that the earlier application was rejected by this Court on 17th January 2017. The said order was challenged before the Supreme Court and the Supreme Court has rejected the said application. In the subsequent pmw

23-ba-2026.21.doc application dated 26th November 2018, this Court had requested the Sessions Court to make an endeavor to expedite the trial as far as possible and to conclude the recording of evidence within 10 months from the date of framing of charge. The charge was framed in 2019. However, due to pandemic, the trial could not proceed. In any case, the trial is proceeding. Taking into consideration the gravity of the offence, the applicant is not entitled to temporary bail in the midst of the trial. Hence, the application stands disposed of.

(SMT. SADHANA S. JADHAV, J) pmw