Sohail Babu Khan v. The State Of Maharashtra

Vina k sr.912.ba.1147.2017.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1147 OF 2017 Sohail Babu Khan ...Applicant

Versus

The State of Maharashtra

...Respondent

---------- Mr. Dinesh Tiwari i/b. Mr. Dinesh Tiwari & Associates for the applicant.

Mr. V. V. Gangurde, APP for the respondent - State. ---------- CORAM :

PRAKASH D. NAIK, J.

DATE :

27 JULY, 2017 P.C. :

1.

The applicant was arrested on 9th November, 2015 in connection with C.R. No.364 of 2015 registered with Bangurnagar Police Station, Mumbai for the offences punishable under sections 342, 365, 307 read with 34 of IPC.

2.

The applicant had preferred an application for bail before this Court. The said applicant was rejected on 15th July, 2016. However, while rejecting the said application, it was observed that the trial Court shall make an endevour to decide the case within a period of six months from date of framing of charge. It was also observed that 1/3

Vina k sr.912.ba.1147.2017.doc in the event, the case could not be disposed of within stipulated period, the applicant shall be at liberty to prefer a fresh application for grant of bail.

3.

The charge has been framed in this case on 6th August, 2016. However till today no witness has been examined by the prosecution. Learned advocate for the applicant submits that he is in custody since date of his arrest and considering the role attributed to him, bail may be granted to the applicant.

4.

Learned APP on instructions submits that the next date before the trial is 19th August, 2017. The prosecution proposes to examine about nine witnesses.

5.

Taking into consideration the fact that the trial was already expedited by this Court and the applicant is in custody since November, 2015, the trial Court can be directed to complete the trial within a span of three months.

:: ORDER ::

(i) The Sessions Court is directed to complete the trial within a period of three months from today.

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Vina k sr.912.ba.1147.2017.doc (ii) The applicant is at liberty to prefer an application for bail in the event the trial is not completed within stipulated time. (iii)Application stands disposed of.

[PRAKASH D. NAIK, J.] 3/3