Abdul Mohid Shaikh v. State Of Maharashtra

2023:BHC-AS:24894 Diksha Rane 906 BA 1215-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.1215/2023 ABDUL MOHID SHAIKH ..APPLICANT VS.

THE STATE OF MAHARASHTRA ..RESPONDENT ------------ Ms. Shaila Suresh Zende for the applicant.

Mr. P. H. Gaikwad, APP for the State.

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

DATE : AUGUST 30, 2023.

P.C. :

1.

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

2.

This is an application through jail for bail in respect of the offence punishable under Sections 366, 376, 376(D) of the Indian Penal Code (hereafter 'IPC' for short) registered vide C.R. No.453/2019 with Tilaknagar Police Station. 3.

The applicant is in custody since 22/11/2019. 4.

It is alleged that the applicant committed an act on the prosecutrix which is an offence punishable under the aforesaid sections. Learned counsel for the applicant appointed through legal aid pointed out that the victim has 1/2

Diksha Rane 906 BA 1215-2023.doc not identified the applicant in the test identification parade. The trial has commenced. The evidence of two witnesses has been recorded.

5.

Since the trial has commenced and the evidence of the two witnesses has been recorded, at this juncture, I am not inclined to consider the application for bail considering the serious nature of the accusations.

6.

Liberty to file a fresh application after six months if the trial does not proceed substantially.

7.

The trial Court is requested to conclude the trial as expeditiously as possible, preferably within a period of six months.

8.

The application is disposed of.

(M. S. KARNIK, J.) 2/2