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Bombay High CourtAPPLN/660/2015others disposed off

Safdar Husain Nagori v. The State Of Maharashtra

2018-06-29Hon'Ble Shri Justice A.M. Badar2 pages

(5)APPLNNo.6602015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.660 OF 2015 Safdar Husain Nagori ...

Applicant V/s.

The State of Maharashtra ...

Respondent .....

Mr.M.N.Gaonkar, Advocate for the Applicant.

Ms.Anamika Malhotra, APP for the Respondent/State. Mr.Anthony Steven, ACP, Kalachowkie, Police Station, Mumbai is present in person.

Mr.Vinod V. Dhurve, PSI, Kurla Police Station is present in person. ....

CORAM : A.M.BADAR J.

DATED : 29th JUNE 2018.

P.C. :

This application is registered on the basis of communication sent by the accused to this Court. Heard the learned Advocate appointed to represent the applicant/accused as well as the the learned Additional Public Prosecutor.

Gaikwad RD 1/2

(5)APPLNNo.6602015 The relief sought is that of speedy trial of two cases pending against the present applicant in the Court of Metropolitan Magistrate at Mumbai.

One criminal case is bearing No.LAC/4/2006, whereas another case is numbered as Criminal Case No.942/PW/2009.

The learned Advocate for the applicant as well as the learned Additional Public Prosecutor are unanimous in stating that in both these criminal cases, the applicant has been released on bail by the concerned Court. This position is also reflected in affidavit filed by the State, which is sworn by Shri.Dinesh Ahir, Assistant Commissioner of Police. It is also seen that the applicant is under-trial prisoners in some cases, which are registered against him in other States.

Similarly, the another prayer is to the effect that the applicant be permitted to meet his Lawyer. The applicant is not an under-trial prisoner in the subject Criminal Cases and therefore, this prayer, so made, cannot be granted.

In this view of the matter, the application is devoid of merit and the same is, therefore, rejected.

(A.M.BADAR J.) Gaikwad RD 2/2