Haider Ali Abdul Jabber Shaikh v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1771 OF 2020 Haider Ali Abdul Jabber Shaikh ...Applicant

Versus

State of Maharashtra

...Respondent

Mr. S.V.Marwadi i/b Mr. N.M.Nadar for the Applicant. Mr. P.H.Gaikwad, A.P.P for the Respondent-State. PSI Mr. Dilip Mahadeo Rane from Aarey Police Station, present. CORAM : REVATI MOHITE DERE, J.

DATE : 22 nd MARCH, 2021 P.C. :

1.

This is the second bail application preferred by the applicant seeking his enlargement on bail in connection with C.R.No.43 of 2017 registered with the Aarey Police Station, Mumbai, for the offences punishable under Sections 302, 114, 120B r/w 34 of the Indian Penal Code. 2.

After arguing for sometime, when the Court was not inclined to enlarge the applicant on bail, learned Counsel for the applicant sought leave to withdraw the application. Learned Counsel, however, requests that having regard to the fact that the applicant is in custody since 2017, for 1/3

about 4 years, the trial of the applicant be expedited and be made time bound.

3.

Learned APP assures that the applicant will be produced on the dates given by the Trial Court, either physically or through Video Conferencing. He submits that escort will also be provided, so that the applicant can be produced before the Trial Court. Statement accepted. 4.

He further submits that the prosecution will also file an application seeking cancellation of the bail granted to co-accused, in the event they fail to co-operate in the conduct of the trial. Statement accepted. 5.

Having regard to the fact that the applicant is the only accused who is in custody for the last four years, the trial of the applicant is expedited. The learned Judge to conclude the case as expeditiously as possible and in any event, within nine months from the date of receipt of this order. The aforesaid order to be placed before the learned Judge, seized of the said case.

6.

Learned APP to also communicate the said order to the concerned authorities responsible for producing the applicant before the 2/3

Trial Court on the dates given by the Trial Court. 7.

Application is accordingly dismissed on the aforesaid terms. 8.

All concerned to act on the authenticated copy of this order. REVATI MOHITE DERE, J.

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