Tushar @ Todidul Islam Gazi v. The State Of Maharashtra

7.ba2674.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2674 OF 2017 Tushar @ Todidul Islam Gazi.

... Applicant.

Versus

The State of Maharashtra.

... Respondent.

--- Ms. Pooja Sejpal i/b. Mr. Nitin Sejpal, advocate for Applicant. Ms. P.P. Shinde, APP for State.

--- CORAM : SMT.SADHANA S. JADHAV,J DATE : JANUARY 9, 2018 P.C.:

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

By an order dated 26/9/2017 the applicant filed by the coaccused was rejected. Earlier Court (Coram : A.S. Gadkari, J) had observed that the case is based on ocular evidence. The learned APP upon instructions submits that the trial has commenced and the prosecution has recorded evidence of one witness Talwalkar 1/2

7.ba2674.17 and next scheduled date is 11/1/2018. There is a direction that the Sessions Case No. 10/2016 be concluded within period of one year. It is in these circumstances that it would not be appropriate to consider and to hear the application filed by the present applicant under section 439 of the Code of Criminal Procedure, 1973 on merits in the midst of the trial.

Hence, the application stands disposed of.

(SMT. SADHANA S. JADHAV,J) Talwalkar 2/2