Shaikh Toufik Shakil v. The State Of Maharashtra

chamber_ba_1365_2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.1365 OF 2017 Shaikh Toufik Shakil ...Applicant

Versus

The State of Maharashtra

...Respondent

...

Mr. Chetan S. Damre for the Applicant.

Mr. Prashant Jadhav, PP for the Respondent State. CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED: 12th JULY, 2017.

( In Chamber) P.C.:

This is a second bail application filed by the aforesaid Applicant, who is facing trial in C.R. No.I-73 of 2015 registered at Yeola Taluka Police Station for the offences punishable under sections 394 and 120 B r/w. section 34 of the Indian Penal Code. 2.

The case of the prosecution in brief is that on 5.5.2015 at about 11.15 a.m. the Applicant alongwith other co-accused came on a motorcycle and stopped the rickshaw in which the complainant Ramdas Mahale, Manager of NDCC Bank, Andarsul Branch, Nashik, and his assistant were carrying cash Rs.50 lakhs. It is alleged that the Applicant and the other person threw chilly powder in the eyes of the Megha 1/2

chamber_ba_1365_2017 complainant and his assistant, assaulted them, snatched the bag containing cash Rs.50 lakhs and decamped with the same. The crime was registered pursuant to the FIR lodged by Ramdas Mahale. The Applicant was arrested on 24.5.2015, the crime was investigated and upon completion of investigation charge sheet was filed. The case being sessions triable was committed to the Sessions Court, Niphad. 3.

The previous bail application being Criminal Bail Application No.1738 of 2015 was rejected by this Court on merits. The learned counsel for the Applicant has not been able to point out any change in circumstances since the date of dismissal of previous bail application.

4.

Under these circumstances, the Bail Application is not maintainable and is hereby dismissed.

5.

It is seen that the Applicant is in custody since 2015. The learned Trial Judge is therefore, directed to dispose of the case as expeditiously as possible and preferably within a period of one year from the date of receipt of this order.

(SMT. ANUJA PRABHUDESSAI, J.) Megha 2/2