Raju @ Niyamat Samiulla Shaikh v. The State Of Maharashtra

1 12.2244.14 ba

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE SIDE JURISDICTION CRIMINAL BAILAPPLICATION NO. 2244 OF 2014 Raju @ Niyamat Samiulla Shaikh .....Applicant V/s.

The State of Maharashtra ....Respondent Mr. Nitesh S. Nevshe appointed for Applicant Mr. J. H. Ramugade APP for the State.

CORAM : SMT. SADHANA S. JADHAV, J.

DATED : JANUARY 9, 2015 PC :

1) Report is received from Assitant Sessions Judge, Alibag dated 19/12/2014. It is reported that present applicant happens to be original accused no. 10 in Sessions Case No. 62 of 2011. Accused nos. 1, 3, 5, 7 & 8 are on bail. Original accused nos. 2, 4, 6, 9 & 10 are under trial prisoners. Non bailable warrant has been issued against original accused no. 1. Prosecution has examined six witnesses. Case is part heard. 2) In view of this, it would not be appropriate to consider the application for bail under section 439 of Code of Criminal Procedure, 1973. ism

2 12.2244.14 ba 3) Learned counsel appointed for the applicant has requested to expedite the trial, however, it would not be possible since some of the accused are not attending the hearing of the Sessions Case regularly. 4) Learned counsel appointed for the applicant has put in the best of efforts to espouse the cause of the applicant. His professional fees are quantified to the tune of Rs. 1000/- to be paid to him within 3 months from today.

Application stands dismissed.

(SMT. SADHANA S. JADHAV, J.) ism