Javed Noorul Hasan Khan v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.2655 OF 2014 Javed Noorul Hasan Khan ...Applicant vs.

State of Maharashtra

...Respondent

Mr. I. A. Khan, learned Advocate for the Applicant.

Mrs. G.P. Mulekar, APP for the State.

CORAM : P.D. KODE, J.

DATE : JANUARY 29, 2015 P.C.

.

The learned APP on instructions from PI.

Parab makes statement that trial is already commenced and so far evidence of five witnesses has been recorded. She further states that prosecution at the most would be examining about 6-9 witnesses more. It is submitted that since the trial is at delicate stage for the offences punishable under Sections 216, 224, 465, 467, 468, 471, 419 and 420 read with 34 of Indian Penal Code, it will not be 1/3

proper to accept the prayer for bail as there is every danger of the trial to be in jeopardy in event of applicant being fleeing away.

2.

The learned counsel for the applicant states that though there is no dispute regarding the recording of evidence has been commenced, the applicant has also moved to the Chief Metropolitan Magistrate and the Principal Sessions Judge for appropriate relief expressing that the learned Judge presiding over the said Court is having bias against him.

3.

In the said premises, application is disposed of with the direction to the applicant to get his application for transfer decided at the earliest.

4.

The concerned Courts are directed to dispose of the application in for transfer in 2/3

accordance with the law at the earliest and in any event within three weeks from the receipt of the writ. The learned counsel for the applicant to give number of the said application to the Registry within two days.

5.

In view of said direction, after decision of the said application, the trial Court concerned with case to make best endeavor to dispose of the trial by proceeding on day to day basis within a period of ten weeks thereafter.

6.

Liberty to the applicant to apply for bail in event of the trial being not over within aforesaid stipulated time schedule and subject to the applicant cooperating for compliance of the aforesaid order on his part.

(P.D. KODE, J.) 3/3