Alim Yunus Shaikh v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1709 OF 2024 Alim Yunus Shaikh ...Applicant
Versus
The State Of Maharashtra
...Respondent
....
Mr. Ravi Kadam, Advocate for the Applicant.
Mr. Pandurang Gaikwad Patil, APP for the Respondent - State. Head Constable, Thite, Kharghar Police Station, Navi Mumbai, present. ....
CORAM
:
ANIL S. KILOR, J.
DATE :
12th JUNE, 2024.
P.C.
:
1.
Heard.
2.
By this application under Section 439 of the Code of Criminal Procedure the applicant is seeking bail in Crime No.276 of 2023, registered with Kharghar Police Station, Navi Mumbai for the offences punishable under Sections 3(a), 6(a) of the Passport (Entry into India) Rules, 1950 and Section 14-A of the Foreigners Act, 1946.
3.
The learned Counsel for the Applicant submits that the maximum punishment in this case is of five years whereas, the Applicant is in jail from last one year. It is submitted that since the by SUNNY ANKUSHRAO THOTE Date:
2024.06.14 19:43:55 +0530 SUNNY ANKUSHRAO THOTE charge-sheet has been filed and the investigation is completed, the
further custody fo the Applicant is not required in the present matter. Accordingly, he prays for grant of bail. 4.
On the other hand, the learned APP is not disputing the fact that the maximum punishment is of five years. However, he submits that he Applicant does not possess the Adhar Card or any of valid documents, because he is not a citizen of India but of Bangladesh. It is submitted that if the Applicant is released on bail, he may not be available for trial even if some stringent conditions are imposed.
5.
In the above referred fact, I am of the view that considering the maximum punishment and the period of incarceration of the Applicant, the Applicant is entitled for grant of bail. However, since there is a possibility that the Applicant may not be available for trial, I am of the opinion that to subserve the justice, directions be issued to the trial Court to expedite the trial and conclude the same within six months.
6.
Accordingly, the Application is disposed off with the directions to the learned trial Court to conclude the trial within six months from the date of furnishing copy of this order by the Applicant to the trial Court, considering the peculiar facts and circumstances of the present case. At the same time, the liberty is
granted to the Applicant that if the trial is not concluded despite the fact that the Applicant cooperated the trial Court within a stipulated period, the Applicant may move afresh application for bail.
(ANIL S. KILOR, J.)