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Bombay High CourtBA/2468/2023disposed off

Mohammed Asif Mohammed Firoz Shaikh v. State Of Maharashtra

2024-03-13Hon'Ble Shri Justice N. J. Jamadar2 pages

26-BA2468-2023.DOC Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2468 OF 2023 SANTOSH SUBHASH KULKARNI Mohammed Asif Mohammed Firoz Shaikh ...Applicant

Versus

State of Maharashtra

...Respondent

SANTOSH SUBHASH KULKARNI Date: 2024.03.14 11:09:43 +0530 Ms. Chandni Chawla, i/b Khan Abdul Wahab, for the Applicant.

Mr. S. R. Aagarkar, APP for the State/Respondent. PN 146, S. R. Sarode, CSTM Railway Police Station, present.

CORAM:

N. J. JAMADAR, J.

DATED:

13th MARCH, 2024 PC:- 1.

Heard the learned Counsel for the parties.

2.

The learned Counsel for the applicant, on instructions, seeks leave to withdraw the application.

3.

The learned Counsel for the applicant, however, submits that the applicant is in custody since three years. 4.

As the prosecution case is based on the circumstantial evidence and the applicant has been in custody since three years, it may be expedient to request the learned Additional Sessions Judge to commence and conclude the trial in Sessions Case No.570 of 2021 arising out of CR No.186 of 1/2

26-BA2468-2023.DOC 2021 as expeditiously as possible and, preferably, within a period of one year from the communication of this order. 5.

In the event, the trial is not concluded within a period of one year, the applicant shall have liberty to revive the prayer for bail before this Court.

6.

Application stands disposed.

[N. J. JAMADAR, J.] 2/2