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Bombay High CourtBA/1363/2016bail rejected

Imran Abdul Rauf Shaikh v. The State Of Maharashtra And ANR

2016-09-06Hon'Ble Justice Revati Mohite Dere3 pages

Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.1363 OF 2016 Imran Abdul Rauf Shaikh .Applicant Vs.

The State of Maharashtra & anr.

.Respondents Ms Reshma Mothi i/b. Mr.P.M.Gaikwad, Advocate, for the Applicant Ms Anamika Malhotra, APP, for the Respondent No.1 - State CORAM :

REVATI MOHITE DERE, J.

DATE : 06.09.2016 P.C.

.

Heard learned counsel for the Applicant and the learned APP for the Respondent No.1 - State.

2.

This is the Third Bail Application. The First Bail Application was withdrawn by the learned counsel for the Applicant after arguing for some time. The same is recorded in the order dated 03.09.2015. Vide the said order, the trial

of the Applicant was expedited and liberty was granted to the Applicant to renew his prayer for bail, in case, the trial did not conclude within a reasonable time. Thereafter, the Applicant preferred a Second Bail Application seeking his enlargement on bail, being B.A.No.344 of 2016, in this Court. In the said Bail Application, it was not mentioned by the Applicant that he had filed an Application earlier, seeking his enlargement on bail, being Cri.B.A.No.1316 of 2015 and hence the same was withdrawn by the learned counsel for the Applicant. However, liberty was granted to the Applicant to file a fresh Application setting out the true and correct facts. Accordingly, the present Application has been filed.

3.

Learned APP states that the trial in the said case has commenced and that four witnesses, including the Original Complainant have been examined so far. She submits on the

instructions of the investigating officer, who is present in Court, that the prosecution intends to examine three more witnesses.

4.

Considering the fact, that the trial of the Applicant has already commenced and four witnesses have been examined, I am not inclined to consider this Application for bail.

Accordingly, the Application stands rejected. 5.

The learned trial Judge is directed to complete the trial as expeditiously as possible and preferably within six months from the date of receipt of this order. The learned Judge to decide the case on its own merits, uninfluenced by the rejection of this Application.

Parties to act on the authenticated copy of this order.

(REVATI MOHITE DERE, J.)