Salam @ Wasim Mohd. S/O Bashir Mohd. Mansuri v. State Of Maharashtra

(19)ba-3359-2023.doc rajshree

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by RAJSHREE KISHOR MORE Date:

2023.11.07 11:45:26 +0530 RAJSHREE KISHOR MORE CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.3359 of 2023 Salam @ Wasim Mohd. Bashir ] ..

Applicant vs.

State of Maharashtra ] ..

Respondent Mr.Ravi Dwaivedi for the Applicant.

Mr.S.R. Agarkar, APP for the State.

PI Raut, DCB CIDUnit II present.

CORAM :

BHARATI DANGRE, J DATE :

6th November, 2023.

P.C.

1] The present Bail Application is filed for the third time as it is contended that the Applicant is incarcerated for more than 6 years in a case which try him for the offence under the provisions of MCOC Act, under the Sections of IPC alongwith relevant provisions of the Arms Act.

2] The present Application is filed on the ground of long incarceration. But the learned APP has invited my attention to the Roznama of the concerned Court in Special case dated 1.11.2023, 1/2

(19)ba-3359-2023.doc where a reference is to be found of an order passed by the Bombay High Court on 07.10.2023 in BA No.3368/2022, thereby, granting extension of six months time to dispose of the case in which the Applicant alongwith two other accused is being tried. 3] Mr. Agarkar, would make a specific statement that 45 witnesses are examined till date, and two more witnesses remained to be examined and next date before the Sessions Court is 22.11.2023. Since there are three accused, recording of 313 Statement would take certain time. But it is expected that the trial shall be concluded within the framework which is indicated through the High Court, when the order dated 07.10.2023 is passed.

4] Since the trial is now at the fag end, the present Application do not deserve any consideration.

Hence, bail Application is rejected.

However, if the trial could not be concluded within the period for which the extension is granted, the Applicant is at liberty to approach this Court once again seeking release on bail. [BHARATI DANGARE,J] 2/2