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Bombay High CourtBA/1992/2016others disposed off

Juber Jalal Qureshi v. The State Of Maharashtra

2017-09-26Hon'Ble Shri Justice A.S. Gadkari2 pages

Nalawade A.S.

1 /2 BA-1992-16-27 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.1992 of 2016 Juber Jalal Qureshi Vs. The State of Maharashtra Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Smt. Najma Shaikh i/by Khan Abdul Wahab for the applicant. Mr. S.H.Yadav, APP. for the APP.

CORAM : A.S.GADKARI, J.

DATE :

26th September, 2017 P.C.

1.

This is an application under Section 439 of the Cr .P .C. for bail in CR No. 257 of 2013 dated 6.7.2013 registered with Panvel City Police Station, Navi Mumbai under Sections-302, 397, 414, 120B read with 34 of the Indian Penal Code and Section 37(1)(A) read with 135 of the Bombay Police Act and Sections-3(A) and 6(A) of the Passport Act. 2.

The learned counsel for the applicant fairly conceded to the fact that the present case is based on ocular evidence and other direct pieces of evidence. In view thereof, she submitted that the applicant may not press the present application at this stage however he may be granted liberty to file a fresh application for bail before the Trial Court if the trial arising out of CR No.257/2013 dated 6.7. 2013 registered with Panvel City Police Station culminated into Sessions Case No.10 of 2014 does not conclude within a period of one year from today. 3.

The applicant is granted leave to withdraw the present application with liberty file a fresh application before the Trial Court for

Nalawade A.S.

2 /2 BA-1992-16-27 bail as prayed for and stated earlier.

4.

The record indicates that the applicant is arrested on 3.9.2013 in the present crime and since then he is in Jail. The record further reveals that till date the Trial Court has not framed Charge till date i.e. inter alia the trial has not commenced. In view thereof, the learned Additional Sessions Judge seized of Sessions Case No.10/2014 is hereby directed to make an endeavour to conclude the trial pertaining to the said case within a period of one year from today.

Application is disposed off in the aforesaid terms. (A.S. GADKARI, J.)