Salim Ali Shaikh @ Madrasi v. The State Of Maharashtra

2023:BHC-AS:23567 Diksha Rane 44 BA 1564-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.1564/2023 SALIM ALI SHAIKH @ MADRASI ..APPLICANT VS THE STATE OF MAHARASHTRA ..RESPONDENT ------------ Adv. Sachin K. Shirke for the Applicant.

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

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

DATE : AUGUST 23, 2023.

P.C. :

1.

Heard learned counsel for the applicant and learned APP.

2.

The offence is alleged under Sections 302, 75 of the Indian Penal Code read with Sections 37(1), 22, 51 read with 135 of the Bombay Police Act.

3.

This is the second bail application filed by the applicant. The earlier bail application was rejected by this Court by an order dated 23rd July, 2021 on merits. 4.

Learned counsel for the applicant submitted that the applicant is in custody since 25/8/2018, almost for a period of five years. The bail is prayed for on the ground of long 1/2

Diksha Rane 44 BA 1564-2023.doc incarceration.

5.

Learned APP placed on record the antecedents reported against the applicant. There are as many as 26 cases registered against the applicant. As many as in three cases the applicant has been convicted. In the present case, the allegation is that in an intoxicated state the applicant has killed his son. In such facts, I am not inclined to enlarge the applicant on bail only on the ground of long incarceration. The application is rejected.

6.

The trial is expedited. Liberty is reserved to the applicant to file a fresh application after a reasonable period if the trial does not substantially progress. 7.

The application is disposed of.

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