Mariyam Mohamadali Karbelkar v. The State Of Maharashtra

Vishal

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.1161 OF 2014 Mariyam Mohamadali Karbelkar ... Applicant vs.

The State of Maharashtra ... Respondent Mr. Ayaz Khan a/w. Mr. Dilip Mishra, for the Applicant. Mrs. Veera Shinde, APP for Respondent - State. IO. Mr. P.N. Birajdar (PI), Manikpur police station, Palghar present.

CORAM:

MRS.MRIDULA BHATKAR, J.

DATE:

JULY 17, 2015 P.C.:

.

The application is moved for bail as the applicant/accused is facing charges for the offences punishable under Sections 8(C) read with 21 and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 in C.R.No. II-35 of 2013 registered with Panvel City police station, Navi Mumbai. The applicant was arrested on 8th August, 2013 at Ibrahim Musa Chawl, Patkerwada, Panvel. The offence was registered at 18.50 hours. From the applicant/accused 420 gm heroin was seized.

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2.

The learned counsel for the applicant/accused has submitted that the applicant is in jail since 8th August, 2013. She is a 68 years old lady. There are material lacunae in the investigation. He pointed out those lacunae in respect of Section 42(2) of the NDPS Act and also highlighted the inconsistency in the panchanama and the first information report. The learned prosecutor in the midst of his submission has pointed out that the trial Court is going to frame the charge in this case on 8th August, 2015 and the trial can be made time bound.

3.

In view of the submission of the learned prosecutor, as the trial Court is going to frame the charge on 8th August, 2015 and the applicant/accused who is 68 years old lady is in prison since last two years, I am of the view that without going into the merits of the matter, I direct the learned Judge, Special Court, Raigad-Alibag to frame the charge on 8th August, 2015 as scheduled earlier and to expedite the trial and conclude it till 16th October, 2015. If the trial will not over within the stipulated period, then the applicant/accused to move a bail application a fresh.

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4.

A copy of this order be send immediately to the learned Judge, Special Court, Raigad-Alibag.

(MRS.MRIDULA BHATKAR, J.) 3 / 3