Mohd. Farooque Iqbal Ansari @ Mohd Farukh Ansari v. The State Of Maharashtra

bipin prithiani 22-ba-3714.24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3714 OF 2024 Mohd. Farooque Iqbal Ansari @ Mohd. Farukh Ansari ...

Applicant

Versus

The State of Maharashtra ...

Respondent ****** Mr. Shreerat Kamat i/by Puja Yadav for the Applicant. Mr. Prasanna P. Malshe, APP for Respondent-State. Mr. S. D. Patil, PSI, Shivaji Nagar Police Station, ****** CORAM: MANISH PITALE, J.

DATE : 14th OCTOBER 2024 P.C. :

.

Heard learned counsel for the applicant and learned APP for the respondent-State.

2.

An earlier bail application moved by the very same applicant was dismissed by a reasoned order dated 19th July 2024 passed by this Court. The contentions raised on behalf of the applicant were considered and rejected. Thereupon, this Court directed that the Special Court shall expedite the trial and complete the same within 9 months from the date of the order, considering the fact that only 9 witnesses were to be examined. The charge was already framed on 13th October 2023.

3.

In this application, the learned counsel for the applicant is seeking to rely upon further material to reargue the bail

bipin prithiani 22-ba-3714.24.doc application on merits. The same cannot be permitted. It is further submitted that the Special Court has not been able to proceed expeditiously and this is evident from the roznama after this Court dismissed the earlier bail application on 19th July 2024. Attention of this Court was specifically invited to order dated 18th September 2024 of the Special Court, whereby witness summons have been issued to the in-charge Police Inspector of the concerned Police Station and also the Director of Forensic Science Laboratories, Kalina Mumbai, for production of the CA report, till the next date of hearing. It is submitted that the CA report is not produced in the present case.

4.

This Court is of the opinion that Special Court must take all necessary steps to abide by the direction given in the order dated 19th July 2024 to complete the trial within the period of 9 months from the date of the said order. The prosecution is also directed to take steps expeditiously, so that the Special Court will be able to complete the trial within the stipulated period. Equally, the applicant is directed to cooperate with the Special Court in that regard.

5.

The applicant is at liberty to raise all such points as available to him before the Special Court at the stage of trial. 6.

The application is dismissed.

MANISH PITALE, J.

DHARMENDER PRITHIANI Date: 2024.10.14 18:12:47 +0530 BIPIN DHARMENDER PRITHIANI