Aref @ Gulam Mohammad Gulam Ahemad v. The State Of Maharashtra

921-BA-1257-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.1257 OF 2022 AREF @ GULAM MOHAMMAD GULAM AHEMAD

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Joydeep Chatterji APP for Respondent : Mr. A. A. Jagatkar ...

CORAM :

S. G. MEHARE, J.

DATE :

02-12-2022 PER COURT :- 1.

Heard the learned counsel for the applicant and the learned A.P.P. for the respondent/State.

2.

The bail application of the applicant was rejected by this Court on 27.10.2021. However, the learned trial Court was directed to dispose of the case within six months from that day. A liberty was granted to move before trial Court for bail again, if the trial is not completed within six months. The period granted to complete the trial was to expire on 26.04.2022. However, before the said period was expired, the learned trial Judge sought an extension of six months to this Court, to complete the trial. This Court, by order dated 06.05.2022, extended six months from the receipt of the said writ.

921-BA-1257-22.odt 3.

In view of the order dated 27.10.2021, the applicant approached the trial Court by application dated 22.07.2022. The learned Additional Sessions Judge, Basmathnagar, was pleased to reject the application. However, the order of the learned Additional Sessions Judge, does not reflect the extension of further six months. If the period extended by order dated 06.05.2022 is considered then the time granted to the learned Additional Sessions Judge was to be expired on 05.11.2022. We have no record, whether the time has been extended or not. It can simply be said that when the period was extended by order dated 06.05.2022, the application seeking bail dated 22.07.2022 is premature. Hence, on this count, the application stands disposed of without affecting the right of the applicants to seek the bail, if any.

( S. G. MEHARE ) JUDGE rrd