Mizanali Ashrafali Khan v. The State Of Maharashtra And ANR

16-BA-23312019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.2331 OF 2019 Mr. Mizanali Ashrafali Khan ... Applicant Vs The State of Maharashtra ... Respondents ...

Mr. Jagdish S. Singh for the Applicant.

Mrs. Rutuja Aambekar , APP for the Respondent-State. PI Machinder attached to Byculla P.Stn. Present. CORAM : SANDEEP K. SHINDE J.

DATE : 14TH JANUARY, 2020 P.C. :

Heard.

Applicant is accused in Sessions Case No.01 of 2018 (corresponding Crime No.236 of 2017) for the offences punishable under Sections 376i (Gaang rape), 4522, 323, 5206II of the Indian Penal Code, 1860. Out of the three accused, two are absconding and, therefore, prosecution has fled fnal report, against this applicant. It is informed by the prosecution that absconding accused, Noor Hussain Shivgan 1/2

16-BA-23312019.odt has been apprehended on 7th January, 2020 but third accused (Yunus) is absconding.

The learned APP on instructions submits that charge-sheet against Noor Hussain shall be fled within a month. Statement is accepted.

Applicant is in custody since September, 2017. In view of the facts of the case, the learned Sessions Court is requested to expedite and conclude the Sessions Case No.01 of 2018 as early as possible and preferably before 31st iecember, 2020.

With the aforesaid observations, application is disposed of as withdrawn.

(SANDEEP K. SHINDE, J.) Shivgan 2/2