Magit Ali Sagit Ali Shaikh v. The State Of Maharashtra

13.ba.1783.2016.doc dik

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1783 OF 2016 Magit Ali Sagit Ali Shaikh ...Applicant vs The State of Maharashtra

...Respondent

.....

Mr Afran Sait, APP for the Respondent Mr Sachin S. Kadam, PSI, Goregaon Police Station. .....

CORAM : SMT SADHANA S. JADHAV, J.

19 JANUARY, 2017 P.C. :

This is an application through jail seeking enlargement on bail in Crime No.425 of 2014 registered at Goregaon Police Station. Investigation is completed and charge-sheet is filed. The case is committed to the Court of Sessions and is registered as Sessions Case No.48 of 2015.

Learned APP submits that in the present case, the trial was expedited by this Court vide order dated 21 September, 2015. The charge is framed against the applicant. It appears that since 3 November, 2015 the advocate representing the applicant is not present before the Court, and therefore, the trial cannot proceed. As of today, the prosecution has examined two witnesses.

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13.ba.1783.2016.doc It would not be appropriate to consider the application under Section 439 of the Code of Criminal Procedure, 1973, in the midst of the trial and hence, the application stands rejected and disposed of.

The office to communicate this order to the applicant who is lodged in Thane Central Prison.

( SMT SADHANA S. JADHAV, J. ) Pg 2 of 2