Mubshir@ Jafar Mujfar Ahamad v. The State Of Maharashtra And ANR

917.BA.2817.2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2817 OF 2024 Mubshir @ Jafar Mujfar Ahamad ...Applicant

Versus

The State of Maharashtra & Anr.

...Respondents

***  Dr. Abhinav Chandrachud a/w Mr. Rahul Tripathi and Mr. Vishal Sheth, for Applicant.

 Mr. Balraj B. Kulkarni, APP for Respondent No.1.  Ms. Pooja S. Agarwal, for Respondent No.2. (appointed through Legal Aid) SHRIKANT SHRINIVAS MALANI SHRIKANT SHRINIVAS MALANI Date: 2024.12.06 10:27:02 +0530 *** CORAM : MANISH PITALE, J.

DATE : 05th DECEMBER, 2024.

P. C. :

1.

Heard, learned counsel for the applicant, learned APP for respondent - State and the learned counsel appointed to appear on behalf of the victim.

2.

After having made submissions for some time, on instructions, the learned counsel appearing for the applicant sought permission to withdraw the application, but, at the same time, it was highlighted that although the applicant was arrested as far back as on 06th September, 2020, the trial has not even commenced and in that context, this Court may consider issuing appropriate directions.

3.

In view of the above, the application is disposed of as withdrawn. However, this Court finds that although the applicant was arrested on 06th Shrikant Malani

917.BA.2817.2024.doc September, 2020 i.e. the date on which the FIR was registered and chargesheet was also filed as far back as on 01st November, 2020, the charges appear to have been framed recently and the trial has not commenced. 4.

The list of witnesses shown in the charge-sheet indicates that the prosecution would be examining 15 witnesses. In practical terms it is seen that fewer witnesses are examined, thereby indicating that the trial can be expeditiously completed.

5.

In view of the above, the concerned Court is directed to expedite the trial proceedings and to make an endeavour to complete the trial within one year from today.

6.

If the trial is not completed within the said period of time and the delay is not attributable to the applicant, liberty is reserved for the applicant to apply afresh for bail.

(MANISH PITALE, J.) Shrikant Malani