Aarbaz Firoz Bepari v. The State Of Maharashtra

5-BA-190-2023.DOC 2024:BHC-AS:7332 Sonali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.190 OF 2023 Aarbaz Firoz Bepari ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr. A. P. Mundargi, Senior Advocate i/b. Mr. Vinayak Patil, Advocates for the Applicant.

Mr. P. H. Gaikwad, APP for the Respondent-State.

CORAM:

MADHAV J. JAMDAR, J.

DATED :

14th FEBRUARY 2024 PC:- 1.

At the outset, Mr. Mundargi, learned Senior Counsel appearing for the Applicant pointed out the order dated 29th April 2022 passed by a learned Single Judge (Coram: Vinay Joshi, J.) in Bail Application No.3824 of 2021. The said order reads as under:- ".

When this Court has shown non-inclination to grant bail. At this Juncture, the learned counsel for the applicants seeks permission for withdrawal. 2.

The applicant stands disposed since withdrawn."

2.

However, Mr. Mundargi, learned Senior Counsel appearing for the Applicant states that the Applicant was arrested on 17th December 2020. The Charge-sheet is filed in March 2021. The Bail Application was rejected by a learned Single Judge on 29th April

5-BA-190-2023.DOC Sonali 2022 and till date i.e. even after almost two years, there is no further progress in the trial and even charge is not yet framed. He states that the Applicant is incarcerated since more than 3 years and 3 months.

3.

In view of the above submissions, the learned Trial Court is requested to conclude the trial expeditiously and in any case within a period of 18 months from today.

4.

The Applicant is at liberty to file a fresh Bail Application within a period of one year if, there is no substantial progress in the trial.

5.

In view of above order, Mr. Mundargi, learned Senior Counsel appearing for the Applicant seeks withdrawal of the Bail Application with liberty as above.

6.

Accordingly, the Bail Application is allowed to be withdrawn and disposed of as such with liberty as aforesaid. [MADHAV J. JAMDAR, J.] Signed by: Sonali Patil Designation: PA To Honourable Judge Date: 14/02/2024 17:50:24