Taher Chhotekhan Pathan v. The State Of Maharashtra

(45)-BA-2527-21.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.2527 OF 2021 Mr. Taher Chhotekhan Pathan ..Applicant

Versus

The State of Maharashtra ..Respondent Mr. Kalam Shaikh, Advocate for the Applicant. Mr. M. G. Patil, APP for the Respondent - State. CORAM : NITIN W. SAMBRE, J.

DATE : 18th NOVEMBER, 2021 P.C.

1.

The prosecution case against the applicant is that of murder of a minor. The case is supported by the evidence of child witness, who is sister of victim. Applicant claims that he was in livein-relationship with mother of deceased. 2.

I am informed by the learned counsel for the applicant, that applicant is behind the bars for almost seven years and since last two years only one witness is in witness box. 3.

In the aforesaid background i.e. evidence of the child witness, this Court was not inclined to grant the bail application. 4.

A prayer is made for withdrawal of the application. BGP.

(45)-BA-2527-21.doc.

5.

As such, application is dismissed as withdrawn. 6.

In the aforesaid background, it is directed that since the trial has commenced for more than five years, the same be concluded within a period of six months from today. 7.

Trial Court shall submit a progress report of trial in this Court after every two months.

9.

In case if the trial is not concluded within aforesaid period, the applicant shall be at liberty to approach this Court for bail on the ground of delay in prosecution.

Digitally signed by BALAJI GOVINDRAO PANCHAL Date:

2021.11.20 14:56:05 +0530 BALAJI GOVINDRAO PANCHAL [NITIN W. SAMBRE, J.] BGP.