Mohammed Sharif Ashiqali Shah v. The State Of Maharashtra

909 appln 356-15=.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 356 OF 2015 Mohammed Sharif Ashiqali Shah ... Applicant V/s.

The State of Maharashtra ... Respondent ----- Ms. Shradha Sawant for the Applicant.

Ms. A.A.Takalkar, APP for the Respondent/State. CORAM : A.S.GADKARI, J.

DATE : 12th JANUARY, 2018 P.C.:

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This is an application received through jail in C.R. No. 150 of 2014 registered with Shivaji Nagar Police Station, Mumbai under Sections 307, 120-B read with Section 34 of the Indian Penal Code and under Sections 3, 25 and 27 of the Arms Act and under Sections 3(1)(i), 3(2) and 3(4) of Maharashtra Control of Organised Act, 1999.

Heard the learned Amicus Curie for the Applicant and the learned APP. The Applicant is an accused in MCOC case. The learned APP on instructions submitted that in the present case, the trial has already commenced and six witnesses have been examined as on today. As the trial has already commenced, I see no reason to release the Applicant on bail at this stage. The Applicant is at liberty to file a fresh Sneha Chavan 1/2

909 appln 356-15=.doc application for bail before the Trial Court if the trial of MCOC Special Case No. 12 of 2014 does not conclude within a period of 9 months from today. Application is disposed of in the aforesaid terms. Registry is directed to communicate the copy of this Order to the Applicant who is lodged in Arthur Road jail.

(A.S.GADKARI, J.) Sneha Chavan 2/2