Rabbi @ Asrar Ahmed Mustaq Siddiqui v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2981 Of 2021 Rabbi @ Asrar Ahmed Mustaq Siddiqui ..

Applicant

Versus

The State of Maharashtra ..

Respondent ...

Mr.Vaibhav Karnik with Mr.Tejkiran Palaya, Suresh Parab and Asif Shaikh for the applicant.

Mr.Swaraj Jadhav for the complainant.

Mr. H.J.Dedhia, APP for the State.

CORAM: BHARATI DANGRE, J.

DATED : 18th OCTOBER, 2022 P.C:- The applicant is facing charge u/s.377, 323, 506 II of the IPC along with Sections 4, 8 and 12 of the POCSO Act, and he is charge-sheeted as accused no.2.

On expressing my disinclination to entertain the application in the wake of the material compiled in the chargesheet and also the statement of the victim recorded u/s.164 of Cr.P.C, learned counsel seek permission to withdraw the application.

He would however submits that the applicant is incarcerated since 4/11/2019 and till date, even charge has not been framed.

Tilak

2/2 21 BA 2981-21.doc Considering the long incarceration, I deem it appropriate to request the Special Court to frame the charge within a period of three months from today, and conclude the trial within a period of one year.

If the aforesaid exercise is not completed within one year, the applicant is at liberty to renew his request for being released on bail on the ground of long incarceration. Application is disposed off.

( SMT. BHARATI DANGRE, J.) Tilak