State Of Maharashtra v. Mohd Umar Jainuiabidin Shaikh

17-APL-1137-2022.doc GRM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1137 OF 2022 The State of Maharashtra ... Applicant V/s.

Mohd. Umar Jainuiabidin Shaikh ... Respondent Ms. Anamika Malhotra, APP for the State/Applicant. Mr. Bhanudas L. Jagtap, Adv. for the Respondent.

CORAM

: R. G. AVACHAT, J.

DATED : MARCH 3, 2023 P.C. :

Heard.

2.

The challenge herein is to the order passed by the Additional Sessions Judge rejecting the application (Exhibit-153) preferred by the prosecutor seeking permission to examine seven witnesses. 3.

It is informed by the learned Advocate for respondent that three out of seven witnesses cited in application (Exhibit-153) have been examined.

4.

The record indicates that because of stay granted by this Court, the hearing in the case has been stayed. The respondent/accused is in jail for little over five years. It is the case of offence of murder. For the reasons stated above and in the application (Exhibit-153), the application is allowed.

17-APL-1137-2022.doc 5.

The Trial Court is directed to allow the prosecution to examine the witnesses cited in the application (Exhibit-153) and also to recall the witnesses cited in the application (Exhibit-154). 6.

The Trial Court shall conclude the trial within a time-frame of four months from the date of receipt of a copy of this order. 7.

The application stands disposed of accordingly. (R. G. AVACHAT, J.)