Aziz Abbas @ Jafar Sayed @ Jafery v. The State Of Maharashtra

Diksha Rane 31. ba 2900-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION Digitally signed by DIKSHA DINESH RANE Date:

2023.02.09 14:28:56 +0530 DIKSHA DINESH RANE BAIL APPLICATION NO.2900/2019 AZIZ ABBAS @ JAFAR SAYED @ JAFERY ..APPLICANT VS.

THE STATE OF MAHARASHTRA ..RESPONDENT ------------ Adv. Mohsin Nasir Panjwani for the applicant. Ms. A. A. Takalkar, APP for State.

PSI D. N. Pawar, Kolsewadi Police Station, Kalyan (E). ------------ CORAM : M. S. KARNIK, J.

DATE : FEBRUARY 9, 2023.

P.C. :

1.

Heard learned counsel for the applicant and learned APP for the State.

2.

This is an application for bail in respect of First Information Report (FIR) No.I-215/2016 registered with the Kolsewadi Police Station, Kalyan (E), under Sections 392 read with 34 of the Indian Penal Code, 1860 (hereafter "the IPC", for short) read with 3(1)(ii), 3(2), 3(4) of the Maharashtra Control of Organised Crime Act, 1999 (hereafter 'MCOCA', for short).

3.

Learned counsel for the applicant invited my attention to the order dated August 25, 2022 passed by this Court in 1/2

Diksha Rane 31. ba 2900-19.doc B.A.No.1639/2019 thereby granting extension of one year and six months to conclude the trial.

4.

I am informed that six witnesses are already examined. As per the instructions, learned APP submitted that eight to ten witnesses more remain to be examined. In this view of the matter, though this Court has already extended the time, it is expected that the trial Court would expedite the trial considering that the present applicant is incarcerated for more than six years and nine months. 5.

Liberty to apply after four months if the trial does not progress substantially.

6.

In this view of the matter, learned counsel for the applicant seeks leave to withdraw this application. 7.

The application is allowed to be withdrawn and disposed of accordingly.

(M. S. KARNIK, J.) 2/2