Amol Ashok Mali v. The State Of Maharashtra

Dusane 1/2 926 appln 271.2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.271 OF 2018 Amol Ashok Mali ....

Applicant Vs.

The State of Maharashtra ....

Respondent Mr. Shivam Bhagwati I/by Ms. Anjali Patil for the Applicant. Ms. Veera Shinde APP for the State.

Coram : Smt. Sadhana S. Jadhav, J.

Date : 26th July, 2018 P.C.:

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

This is an application seeking directions that the application filed by the present applicant seeking enlargement on bail on 16th December 2016 below Exhibit 10 be decided expeditiously.

The applicant is charge-sheeted under the provisions of MCOC Act. By an order dated 2nd July 2018, this Court had called for a report from the Special Court, Pune in respect of the delay in

Dusane 2/2 926 appln 271.2018.doc deciding the bail application in MCOC Case No. 28 of 2016. Today the report is received. It is a sorry state of affairs that the Special Court has also observed that the matter was adjourned from time to time for want of the arguments of the Special Public Prosecutor. The matter was adjourned from one court to another. In these circumstances, the application seeking enlargement on bail under Section 439 Cr.P.C. is pending for almost 18 months. It is incumbent upon the courts to decide the bail application as expeditiously as possible.

Considering the dictum of the Hon'ble Apex Court in the case of Hussain and Another Vs. Union of India, reported in A.I.R., 2017 Supreme Court, page 1362, this Court would direct the Special Judge seized with MCOC Case No. 28 of 2016 to decide the application filed by the applicant below Exhibit 10 on/or before 10th August 2018.

With these directions, the application stands disposed of. ( Smt. Sadhana S. Jadhav, J)