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Bombay High CourtAPL/1405/2023disposed off

Mohidin Beg Azam @ Arif Mirza v. The State Of Maharashtra

2023-11-03Hon'Ble Shri Justice Sarang Vijaykumar Kotwal3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1405 OF 2023 Mohidin Beg Azam @ Arif Mirza ...Applicant

Versus

The State of Maharashtra

...Respondent

------------ Mr. Mithilesh Mishra, i/b Agastya Desai, Advocate for Applicant. Smt. Aruna Pai, P.P. a/w Arfan Sait, A.P.P. for State/Respondent. ------------ CORAM : SARANG V. KOTWAL, J.

DATE : 3rd NOVEMBER 2023 PC :

1.

The Applicant is the original Accused No.2 in MCOC Special Case No.1471/2022 arising out of C.R. No.109/2022 registered with Anti Extortion Cell, Mumbai. The Applicant was arrested on 26th July 2022. The charge-sheet is already filed. The Applicant preferred an Application for bail on 1st February 2023. The grievance of the Applicant is that the same Bail Application is not decided till today. The directions sought in this Application are for disposal of the Bail Application within a period of one week. 2.

Learned Counsel for the Applicant submitted that the Digitally signed by ASHWINI JANARDAN VALLAKATI Date:

2023.11.04 15:12:30 +0530 ASHWINI JANARDAN VALLAKATI arguments on behalf of the Applicant are already over in August Ashwini V

2023. He submitted that since that point on wards, the learned Prosecutor appearing in that Court has not advanced any arguments. Learned P.P. appearing in this Court informs the Court that the Applicant has tendered certain documents on 23rd August 2023 and those documents were in Gujrati. The Applicant had furnished the translation but the Investigating Agency wanted to verify the translation, therefore, it took some time. Thereafter on 13th October 2023 the say was filed by the prosecution. Learned A.P.P. informed the Court that the next date before the Special Judge for hearing the arguments on the Bail Application from the prosecution side is on 9th November 2023 and the prosecution will not take any adjournment on that date and shall proceed with the arguments unless there are extremely unavoidable unforeseen circumstances.

The Learned P.P. assures the Court that unnecessary adjournment will not be taken. The statement is recorded and accepted. In this view of the matter, the learned Special Judge can proceed to hear the Application and decide it as expeditiously as possible. No further directions at this stage are required.

decided within a reasonable time, he has liberty to approach this Court again. With this liberty the Application is disposed of. (SARANG V. KOTWAL, J.)