Uberalam Ijabuddin Khan v. The State Of Maharashtra

Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 566 OF 2024 Uberalam Ijabuddin Khan .. Applicant

Versus

The State of Maharashtra .. Respondent ....................

 Mr. Vaibhav R. Gaikwad, Advocate for Applicant.  Ms. Mahalakshmi Ganapathy, APP for Respondent - State. ....................

CORAM

: MILIND N. JADHAV, J.

DATE : FEBRUARY 10, 2025.

P.C.:

1.

Mentioned at the time of rising of the Court. 2.

Heard Mr. Gaikwad, learned appointed Advocate for Applicant and Ms. Ganapathy, learned APP for Respondent- State. I have asked Ms. Ganapathy to take cognizance as no APP has appeared on the matter being called out.

3.

This is an Application under Section 439 of the Code of Criminal Procedure, 1973 seeking Regular Bail in connection with C.R.No.197 of 2016 registered with Kurar Police Station. 4.

Applicant is incarcerated for 8 years and 7 months. This Application for bail will have to be taken up on priority.

5.

Application is received through Jail. It consists of Application of the Applicant and nothing more.

6.

After taking instructions I am informed by Ms. Ganapathy that Mr. Pethe, learned APP has been assigned to appear in this Application.

7.

Mr. Pethe, learned APP is therefore directed by this Court to ensure that he calls the Investigating Officer and keeps ready with him 3 copies of the charge-sheet, one for Advocate for Applicant, one for the Court and one for himself on the next adjourned date. He shall also take appropriate instructions of the commencement/conduct of the trial in the present case considering the long incarceration of the Applicant.

8.

Stand over to 18th February 2025 to enable Mr. Pethe to take appropriate instructions. This Court is making it clear that appropriate directions shall be taken by the learned APP as the Court desires to hear the present Application on the next adjourned date in view of Applicant's long incarceration of 8 years and 7 months. 9.

If learned APP receives the copy of the charge-sheet prior to the next date, copy of the same shall be handed over by Mr. Pethe to Advocate Mr. Gaikwad.

10.

Mr. Gaikwad shall serve a copy of this order on the learned APP Mr. Pethe for his information.

11.

Stand over to 18th February 2025. To be listed under the caption 'First on Board'.

[ MILIND N. JADHAV, J. ] Ajay by AJAY TRAMBAK UGALMUGALE Date: 2025.02.10 19:39:04 +0530 AJAY TRAMBAK UGALMUGALE