Abhinav Tejbhadur Singh v. The State Of Maharashtra

1.ba2061.18.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2061 OF 2018 Abhinav Tejbahadur Singh.

..Applicant.

V/s.

The State of Maharashtra.

..Respondent.

Mr. Siddiqui Mohd. Arif a/w. Mr. Siraj Ansari a/w. Mr. Irfan Ansari, advocate for applicant.

Mr. S.R. Agarkar, APP for State.

Mr. Ashok Sawant, PSI , Samta Nagar Police Station, Mumbai. CORAM : SMT. SADHANA S. JADHAV,J.

DATE : APRIL 10, 2019.

P. C. :

This is an application seeking enlargement on bail. On 17/1/2017 after arguing for some time, when the Court was not inclined to grant bail, learned Counsel for the applicant upon instructions had sought liberty to withdraw the application. Liberty was granted. The learned Sessions Court seized with the Sessions Case No. 167 of 2016 was directed to expedite the trial and conclude the recording of evidence as far as possible within 7 months from the date of framing of charge.

The learned Counsel for the applicant vehemently submits Talwalkar

1.ba2061.18.doc that despite directions, trial has not proceeded although charge was framed more than one year, two months and 10 days ago. The application was filed mainly on the ground of delay in trial. It would not be necessary to consider the application on merits, more particularly, since the learned APP upon instructions has submitted that the trial has commenced and the complainant is in the box and the Court is in the process of recording examination in chief. In view of this, the learned trial Court is directed to proceed with the trial without granting any unwarranted adjournment to the prosecution or to the defence. The trial Court shall conclude the recording of evidence as far as possible by 30/8/2019.

With these directions, the application stands rejected and disposed of accordingly.

[SMT. SADHANA S. JADHAV, J.] Talwalkar