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Bombay High CourtBA/2940/2017others disposed off

Imran Mohammad Rauf Khan @ Kalia v. The State Of Maharashtra

2018-06-18Hon'Ble Smt. Justice S.S. Jadhav2 pages

Dusane 1/2 27 ba 2940.2017.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.2940 OF 2017 Imran Mohammed Rauf Khan @ Kalia ....

Applicant Vs.

The State of Maharashtra ....

Respondent Mr. Amit Munde for the Applicant.

Mr. Y.Y. Dabake, APP for the State.

Coram : Smt. Sadhana S. Jadhav, J.

Date : 18th June, 2018 P.C.:

This is a subsequent application seeking enlargement on bail. Earlier application was withdrawn before this court on 13th January 2017 after the learned APP had brought to the notice of this court that the trial was at the stage of cross-examination of the complainant. As on today, the prosecution has examined 22 witnesses. As per the investigation agency, the index of the chargesheet shows that there are 41 persons whose statements were recorded. Learned APP submits that the prosecution may not examine repetitive witnesses, besides delay in trial, there is no other change circumstance.

Dusane 2/2 27 ba 2940.2017.doc Learned counsel for the applicant has submitted that though the applicant herein is suffering from some psychological ailment. The applicant, may, if so advised file a separate application before the learned Sessions Judge, which may be considered on it's own merits and the same may be disposed of within two weeks from the date of filing.

In view of this, the learned Special Judge seized with MCOC Case No. 8 of 2013 shall make every endeavour to conclude the recording of evidence as far as possible by 30th November 2018. The learned Court shall not grant any unwarranted adjournments either to the prosecution or to the defence.

( Smt. Sadhana S. Jadhav, J)