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Bombay High CourtBA/4201/2024disposed off

Navendu Kashmiri Babbar v. Central Bureau Of Investigaiton Anti-Corruption Bureau And ANR

2024-11-14Hon'Ble Shri Justice Manish Pitale2 pages

9_BA_4201_24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 4201 OF 2024 Navendu Kashmiri Babbar ...

Applicant vs.

Central Bureau of Investigation Anti-Corruption Bureau and another ...

Respondents Advocate Sherali S. Khan a/w. Nadeem Shaikh and Aagib Khatri for applicant.

Mr. Amit Munde, Special Public Prosecutor a/w. Mr. Jai Vohra for respondent No.1-CBI, ACB.

Mr. Sagar R. Agarkar, APP for respondent No.2-State. CORAM : MANISH PITALE, J.

DATE :

14th NOVEMBER, 2024 P.C. :

.

A perusal of the papers pertaining to this application shows that by order dated 21.04.2022, this Court (Coram: Anuja Prabhudessai, J) had dismissed earlier bail application bearing No.1367 of 2020 filed by the applicant. The application was dismissed on merits. Special Leave Petition filed by the applicant, challenging the said order, was also dismissed on 18.07.2022 by the Supreme Court. Liberty was reserved for the applicant to approach the trial Court. Accordingly, the applicant appears to have approached the trial Court, but his bail application was rejected. 2.

In these circumstances, this Court would have entertained this application only in the event of any substantial change in circumstances. In by PRIYA KAMBLI Date:

2024.11.14 18:10:41 +0530 PRIYA KAMBLI 1/2

9_BA_4201_24.doc this regard, the learned counsel for the applicant submitted that although the trial is underway, according to his instructions, 29 witnesses having been examined, the prosecution intends to examine further 44 witnesses. It is submitted that the applicant has already suffered incarceration for a period of 4 years and 10 months and therefore, this Court may consider the present application favourably.

3.

The learned counsel for respondent No.1-CBI submitted that he will take specific instructions as regards the number of further witnesses to be examined by the prosecution, so that this Court may issue appropriate directions for expeditious disposal of the matter. 4.

List for directions on 18.11.2024 at 02:30 p.m. (MANISH PITALE, J) Priya Kambli 2/2