Mohd. Farhan Mohd. Nasim Khan v. State Of Maharashtra And ANR

87.BA.1361.2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1361 OF 2024 Mohd. Farhan Mohd. Nasim Khan ...Applicant

Versus

SHRIKANT SHRINIVAS MALANI The State of Maharashtra

...Respondent

***  Ms. Akshata Borade, for Applicant.

 Ms. Rutuja A. Ambekar, APP for Respondent.

SHRIKANT SHRINIVAS MALANI Date: 2024.08.02 18:48:36 +0530 *** CORAM : MANISH PITALE, J.

DATE : 02nd August, 2024.

P. C. :

1.

Heard Ms. Akshata Borade, learned counsel for the applicant and Ms. Rutuja Ambekar, learned APP for the State. 2.

The applicant is seeking bail, as he was arrested on 02nd April, 2019, in connection with First Information Report No.0682 of 2019 (FIR), dated 29th March, 2019, registered at Police Station Wadala Railway, Mumbai, for the offences under Sections 307, 394 and 75 read with Section 34 of the Indian Penal Code (IPC), as also provisions of the Indian Railways Act and Section 142 of the Maharashtra Police Act.

3.

This Court has perused the charge-sheet and the documents annexed thereto. The role of the applicant is writ large on the basis of the material available on record and considering the overt act attributed to the applicant, no case is made out for granting bail. Shrikant Malani

87.BA.1361.2024.doc 4.

Besides, this Court is informed that the trial has already begun and 6 witnesses are already examined.

5.

The charge-sheet shows that the prosecution has given a list of 23 witnesses. It appears that the prosecution may not examine all the witnesses, thereby indicating that the trial can be completed within a reasonable period of time.

6.

In view of the above, the application is dismissed. However, the Trial Court is directed to complete the trial expeditiously and in any case within 9 Months from today.

7.

In the event, the trial is not completed within the stipulated period of time and the delay is not attributable to the applicant, liberty is reserved for the applicant to renew the prayer for bail. (MANISH PITALE, J.) Shrikant Malani