Vishalkumar Sukhraj Nigam v. State Of Maharashtra

916.BA.1186.2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1186 OF 2024 Vishalkumar Sukhraj Nigam ...Applicant

Versus

The State of Maharashtra

...Respondent

***  Mr. Shriganesh Salba Sawalkar, for Applicant.  Mr. Balraj B. Kulkarni, APP for Respondent.  Mr. Shriram Padwal, API, Hill Line Police Station SHRIKANT SHRINIVAS MALANI *** CORAM : MANISH PITALE, J.

SHRIKANT SHRINIVAS MALANI Date: 2024.09.25 12:27:14 +0530 DATE : 24th SEPTEMBER, 2024.

P. C. :

1.

On the last date of hearing i.e. on 10.09.2024, this Court had passed the following order :

"1.

In the present case, the applicant was arrested as far back as on 07.12.2016, indicating that he has suffered incarceration for almost 8 years. The learned counsel for the applicant submits that the applicant is suffering from AIDS and in that context certain documents are tendered. The said documents are returned to the learned counsel for the applicant to give a copy to the learned APP to seek instructions in the matter. The learned APP shall also report to this Court the exact status of the Trial Court proceedings, as this Court is informed that the trial has already commenced.

2.

List for further consideration on 24th September, 2024, at the top of the "Supplementary List.""

2.

The learned APP submitted that a request was made to the Jailor Shrikant Malani

916.BA.1186.2024.doc of the concerned Jail as regards document pertaining to the applicant and his health status as a patient of AIDS. The report is awaited. 3.

It is further submitted that the trial is at fag end, as all the witnesses have been examined, except the Investigating Officer. The next date before the Trial Court is 30.09.2024. It is submitted that in that light, the bail application may not be entertained and directions may be given for completion of trial and rendering judgment within a specific period of time. 4.

The applicant has suffered incarceration for about 8 years and it is claimed that he is a patient of AIDS. The trial appears to be at the fag end. 5.

In that light, it would be appropriate that this bail application is kept pending, to be listed on 11.11.2024, for further consideration. 6.

As it is claimed that the Trial Court proceedings are at fag end and only the Investigating Officer is to be examined, the next date being 30.09.2024, the concerned Trial Court is directed to expedite the proceedings, complete the trial and render judgment at the earliest, preferably within a period of five weeks from today.

7.

List for further consideration on 11th November, 2024. (MANISH PITALE, J.) Shrikant Malani