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Bombay High CourtBA/3446/2021disposed off

Ramzan Gafoor Bagwan v. The State Of Maharashtra

2022-02-02Hon'Ble Shri Justice C.V. Bhadang2 pages

4-ba-3446-2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.3446 OF 2021 Ramzan Gafoor Bagwan ... Applicant Vs.

The State of Maharashtra ... Respondent ---- Mr.Ujwal R. Agandsurve for the Applicant.

Mr.R.M. Pethe, APP for the Respondent -State. ---- CORAM : C.V. BHADANG, J.

NILAM SANTOSH KAMBLE NILAM SANTOSH KAMBLE Date: 2022.02.02 14:52:51 +0530 DATE : 2 FEBRUARY 2022 (Through Video Conferencing) P.C.

.

Heard the learned counsel for the parties for sometime.

2.

The learned counsel for the Applicant has pointed out that out of the total six accused five accused have already been released on bail and the Applicant is only one who is in custody.

3.

The learned Additional Public Prosecutor pointed out that there is a role attributed to the Applicant of an assault by knife on the stomach of the injured. The learned Additional Public Prosecutor also pointed out that there is a recovery of knife N.S. Kamble page 1 of 2

4-ba-3446-2021 from the Applicant and therefore the Applicant cannot claim parity with the other co-accused.

4.

Mr.Agandsurve, the learned counsel for the Applicant in all fairness submitted that the Applicant is not claiming parity. However, it is pointed out that there is a single blow alleged and injured recovered within a period of 8 days and therefore prima facie in the submission of the learned counsel the offence under Section 307 of IPC is not made out.

5.

In the alternative, the learned counsel for the Applicant submitted that the trial be expedited as the charge is already framed.

6.

In my view the application cannot be favorably considered at this stage. Considering the submissions made by the learned counsel for the parties and the fact that the charge is already framed, the Criminal Application is disposed of at this stage. The trial is expedited.

7.

Liberty to the Applicant to renew the request for bail after a period of six months, if there is no substantial progress in the trial.

C.V. BHADANG, J.

N.S. Kamble page 2 of 2