Mohammed Umar Jenul Abidin Shaikh v. The State Of Maharashtra

osk 926-ba-2793-2017.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2793 OF 2017 Mohammed Umar Jenul Abidin Shaikh ...

Applicant V/s.

The State of Maharashtra ...

Respondent • Mr.Abdul Shaikh for the Applicant.

• Mrs.A.A. Takalkar, APP for the Respondent-State. • Mr.Shivaji Shinde, PSI, Oshiwara Police Station. CORAM : PRAKASH D. NAIK, J.

DATE : 1st MARCH, 2019.

P.C. :

1] At the outset, learned counsel for the Applicant submits that the Applicant is in custody from 4th March, 2017. However, the trial has not yet commenced. The offence is under Section 302, 307, 452 of the Indian Penal Code.

2] Learned counsel for the Applicant, on instructions, seeks permission to withdraw this application. However, it is submitted that considering the fact that the Applicant is in custody for a period of about 2 years, the trial be expedited.

3] Learned APP submits that the trial is pending before the Sessions Court at Dindoshi, Mumbai and the trial Court is busy with 1/2

osk 926-ba-2793-2017.odt several other trials. Considering the fact that the Applicant is in custody from the date for a period of two years, the trial Court is directed to make an endeavour to complete the trial within one year from the date of receipt of this order. In the event, the trial has not concluded the trial within the period of one year, the Applicant would be at liberty to move application for bail.

4] The Application is disposed of in above terms. [PRAKASH D. NAIK, J.] 2/2