Shaikh Lal Baba Mohd. Hussain v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2455 OF 2019 Shaikh Lal Baba Mohd. Hussain ... Applicant V/s.

The State of Maharashtra

...Respondent

Mr. Aniket U. Nikam, for the Applicant.

Mr. S. V. Gavand, APP for the State-Respondent. CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED : 06th DECEMBER, 2021 P.C.

.

This is an application under Section 439 of Code of Criminal Procedure, 1973 filed by the aforesaid Applicant who is facing trial in Session Case No.192 of 2017 for offences under Sections 419, 420, 465, 467, 468, 471 of the Indian Penal Code read with Section 153-A, 109, 34, 120-B of the Indian Penal Code, Sections 4, 5, and 6 of the Explosive Substances Act, 1908, Sections 10, 13, 15, 16, 18, 18-A, 18B, 20, 23, and 38 of the Unlawful Activities (Prevention) Act, 1967, amended 2008 and with Section 12 (1) (c) of Passports Act, 1967. The said case is pending before the learned Sessions Judge, Nashik.

2. The material on record prima facie indicates that several incriminating articles such as fabricated PAN Cards, Passports were recovered from the possession of the Applicant. The records also prima facie indicate that the Applicant was in possession of 700 grams of RDX and 4 detonators along with code chart for secret communication for carrying out subversive activities in Maharashtra. The articles viz. 700 gms. RDX detonators, two Nokia mobile phone handsets in fake names, two residential certificates, Voting Cards, etc have been recovered from Applicant.

3.

The allegations levelled against the Applicant are of serious nature. Considering the nature of accusations and material in support thereof, I am not inclined to grant bail. Hence, the Application is dismissed.

4. It is stated that the Applicant is in custody since 2012. Learned APP states that 18 witnesses have already been examined. Hence, the learned Special Judge, Nashik is requested to expedite the trial and

conclude it as expeditiously as possible.

(ANUJA PRABHUDESSAI, J.) Digitally signed by MANJUSHA DINKAR PARAB Date:

2021.12.10 12:23:46 +0530 MANJUSHA DINKAR PARAB