Shahin Sajid Ansari v. The State Of Maharashtra

Mhi 1 BA-2548-14.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAILAPPLICATION NO. 2548 OF 2014 Mrs. Shahin Sajid Ansari ...

Applicant vs.

The State of Maharashtra ...

Respondents Mr. Vishal L. Kolekar,Advocate for the applicant Mrs.Veera Shinde, APP, for the respondent-State.

CORAM:

SMT.SADHANA S.JADHAV,J.

DATE : 29th January, 2015.

P.C.

The learned APP submits that in the present case, charge is framed. 2.

The learned counsel for the applicant submits that the prosecution is delaying the trial on one or the other ground. On 14.1.2015, the learned APP had filed an application in Sessions Case No.670 of 2014 contending therein that the the police has not received the C.A. Report. The DNA report is awaited and similarly the Muddemal property has not yet been deposited in the Court and hence sought an adjournment on the said ground. 3.

It appears from the record that the first information report in the present case was filed on 10.5.2014. The charge-sheet is filed on 11.9.2014. It is surprising that the police has not yet deposited the muddemal property in the Court although charge has been framed.

Mhi 2 BA-2548-14.sxw 4.

The learned APP in the trial Court seized with the Sessions Case No.670 of 2014 shall prosecute the matter diligently and see to it that the police of Hinjewadi Police Station deposit the muddemal property with the Court within two weeks from the date of receipt of this order. The learned Sessions Judge shall issue witness summons without awaiting for the C.A. Report or the DNA report. The learned Sessions Court is requested to make an endeavour to conclude the recording of evidence in Sessions Case No.670 of 2014, as far as possible, within ten months from the date of receipt of this order. 5.

In view of the above, the learned counsel for the applicant seeks liberty to withdraw the application. Liberty as prayed for is granted. Application stands dismissed as withdrawn.

6.

In the eventuality the recording of evidence is not completed within ten months from the date of receipt of this order, the applicant is at liberty to renew her prayer for grant of bail (SMT.SADHANA S.JADHAV, J.)