Kasim Abdul Shaikh And Others v. The State Of Maharashtra
{1} BA 1207 OF 2021 & ANR.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 12 BAIL APPLICATION NO.1207 OF 2021 1.
Kasim Abdul Shaikh Age: 24 years, Occu.: Driver, Residing At : Gareeb Nagar, Near Vedant Hospital, G.B.Road, Kasarvadavli, Thane.
2.
Dhanaji Padhurang Shinde Age: 27 years, Occu.: Service, Residing at : Room No.2, Near Saibaba Temple, Manoraman Nagar, Kolshet Road, Thane (W).
3.
Hasmit @ Gopl Bhikabhai Patel Age: 26 years, Occu.: Service, Residing At: Sudiya, Wadnagar, Hausana, Gujrata (Presently All No.1 to 3 at Dhule Central Prison) ..Applicants
VERSUS
.
The State of Maharashtra (Through P.I.Songir Police Station, Dist.Dhule) ..Respondent ...
WITH BAIL APPLICATION NO.853 OF 2021 1.
Shri Shamkumar Navinbhai Patel Age: 28 years, Occu.: Service, Residing At: Motivada, Thapdi Fadiya, Tal.Pardi, Dist.Balsad, Gujrat.
(Presently at Dhule Central Prison) 2, Shri Harish Dhirubhai Patel Age: 28 years, Occu.: Service, Residing At : Udvada, Motivada, Aaitul, Fadiya, Tal.Pardi, Dist.Balsad, Gujrat.
(Presently at Dhule Central Prison).
..Applicants
{2} BA 1207 OF 2021 & ANR.
VERSUS
.
The State of Maharashtra (Through P.I.Songir Police Station, Dist.Dhule) ..Respondent ...
Advocate for Applicants : Shri M.J. Bhatt APP for Respondent : Shri S.D.Ghayal ...
CORAM : M.G.SEWLIKAR, J.
DATE: 25th October, 2021 PER COURT :- 1.
Heard.
2.
Issue notice to the respondent-State in Bail Application No.1207 of 2021, which is coming for the frst time. Learned APP waives service of notice for the respondent-State. 3.
Heard Shri M.J.Bhatt, learned counsel for the applicants for some time. It appears that applicants are in jail for close to three years.
4.
Shri S.D.Ghayal, learned APP for the respondent-State submits that there is substantial evidence against the applicants. From each of the accused, substantial cash is recovered. 5.
Learned counsel for the applicants submits that informant's supplementary statement is recorded and in that supplementary statement, he stated that cash of Rs.2,77,00,000/- (Rs.Two
{3} BA 1207 OF 2021 & ANR. Crores Seventy-seven Lakhs) was also being carried by him in car. He submits that in view of the statement made in the FIR and the supplementary statement, the applicants are entitled to be released on bail.
6.
Having regard to the nature of the allegations and the evidence collected by the prosecution, it will be appropriate to direct the learned trial Court to dispose of the trial within stipulated period. In view of this, learned trial Court is directed to dispose of the trial within a period of six months from the date of receipt of writ.
7.
Shri Bhatt, learned counsel for the applicants submits that in case trial does not get concluded within a period of six months, applicants be permitted to move the trial Court for bail. 8.
If trial does not get concluded within a period of six months, applicants are permitted to move the trial Court for bail. In that eventuality, the trial Court shall consider the application on its own merits.
( M.G.SEWLIKAR ) JUDGE SPT