Shoyeb S/O. Afroz Mainnoddin Kazi v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 944 BAIL APPLICATION NO.226 OF 2022 SHOYEB S/O. AFROZ MAINNODDIN KAZI

VERSUS

THE STATE OF MAHARASHTRA Mr. K. T. Jamdar, Advocate for the applicant Mr. V. M. Kagne, APP for the respondent/State CORAM : S. G. MEHARE, J.

DATED : 28th JUNE, 2022 PER COURT :- 1.

Heard learned counsel for the applicant. The applicant is languishing in jail since last two years. This Court by the order dated 5th April, 2022 called the progress report from the trial Court with expected period likely to be required to conclude the trial. The learned Magistrate sent the report on 19th April, 2022 and informed this Court that on 19th March, 2022 the Police have filed supplementary charge-sheet. A case of pending for production of accused and framing of the charge. After the month of April there must have been some progress in the matter. However, the learned Magistrate expressed that the trial may be concluded within six months. 2.

The learned counsel for the applicant submitted that co-accused are not cooperating and police have recently ba226.22.odt

filed charge-sheet. Considering the progress of the case it would be impossible to conclude the trial within reasonable period. Hence, he may be released on bail.

3.

The earlier bail application of the applicant was dismissed by this Court on 6th October, 2021, recording the reason that after expressing the disinclination to grant bail the application was withdrawn.

4.

The applicant is languishing in jail since last two years. Expedited trial is the right of the accused. Learned Magistrate has informed the Court, that the trial may be concluded within six months. However, right to speedy trial may be protected by issuing direction to the learned Magistrate to conclude the trial within six months from today. The learned Magistrate may conduct the trial day to day and he is at liberty to take the stringent action if any of the accused prolongs the trial, as per the law. With the above directions the application stands disposed of.

[S. G. MEHARE, J.] ssp ba226.22.odt