Hifzur Rehman Balakat Hussain Siddiqui v. The State Of Maharashtra

1/2 11 BA-2777.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.2777 OF 2019 Hifzur Rehman Balakat Hussain Siddiqui ..

Applicant Vs.

The State of Maharashtra ..

Respondent ...

Ms. Pooja Mishra i/b Ms. Anjali Awasthi for the Applicant. Ms. S.S. Kaushik, A.P.P. for the State.

Mr. Parulekar, PSI attached to the Santacruz Police Station is present in the court.

...

CORAM

: SMT. BHARATI DANGRE, J.

DATED : 16TH MARCH, 2021.

P.C:- 1.

Ms. Mishra, learned proxy counsel appearing on behalf of Ms. Awasthi, learned counsel for the Applicant states that Ms. Awasthi is not available for proceeding with the matter, today. 2.

By this application, the applicant seeks his release on bail in connection with C.R. No.613 of 2016 thereby invoking the provisions of POCSO Act along with relevant provisions of the IPC.

AJN

2/2 11 BA-2777.19.odt 3.

I have heard learned A.P.P. appearing for the State. She has invited my attention to the order passed by Justice A.S. Gadkari on 13/03/2019 where it is recorded that the trial in the case has already commenced. On the said statement being made, counsel for the applicant sought permission to withdraw the application with liberty to file fresh bail application if the trial in the Special POCSO Case No.110 of 2017 pending on the file of the Additional Sessions Judge, Greater Mumbai is not concluded within six months.

4.

On account of the pandemic, the trial could not be concluded as scheduled, but learned A.P.P. makes a statement that the trial is at the fag end and it is only the medical officer and the Investigating Officer, whose evidence is yet to be recorded, out of which the evidence of medical officer would be recorded via Video Conferencing. She is confident that the trial pending in the Special Court (Room No.18) of City Civil and Sessions Court at Bombay would be completed within one month from today.

5.

Recording the statement made by learned A.P.P., the application is disposed of.

SMT. BHARATI DANGRE, J.

AJN