Nadim Saeed Munshi v. State Of Maharashtra

39.BA.4488.24.doc Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 4488 OF 2024 Nadim Saeed Munshi .. Applicant

Versus

The State of Maharashtra .. Respondent ....................

 Mr. Amrish R. Salunke, Advocate for Applicant.  Mr. Dinesh J. Haldankar, APP for Respondent - State. ....................

CORAM

: MILIND N. JADHAV, J.

DATE : APRIL 03, 2025.

P.C.:

1.

Heard Mr. Salunke, learned Advocate for Applicant and Mr. Haldankar, learned APP for Respondent - State. 2.

In the present case, Applicant is indicted in an offence under Section 302 and 120-B read with 34 of the Indian Penal Code, 1860; Section 37(1)(a) of the Maharashtra Police Act, 1951 and Sections 4 and 25 of the Arms Act, 1959 and is incarcerated for the past 4 years and 2 months.

3.

Mr. Salunke, learned Advocate for Applicant would persuade the Court to consider his long incarceration. Though the charge has been framed but trial has not commenced till date. According to the charge-sheet, prosecution desires to examine a probable 37 witnesses. He would therefore persuade the Court to consider the fact that in view of the matter, the uncertainty of the trial been completed in the

39.BA.4488.24.doc near foreseeable future.

4.

In that view of the matter, Mr. Haldankar, learned APP appearing for the prosecution shall ascertain the veracity of the submissions made on behalf of the Applicant from the record of the case and accordingly apprise the role of Applicant in the crime to the Court on the next adjourned date.

5.

Considering the aforesaid submissions, present Application shall be heard and decided by the Court on the next adjourned date. 6.

Leave and liberty is granted to Mr. Salunke to append the copy of the previous bail orders passed by this Court as also bail order of the co-accused having been enlarged on bail. 7.

Mr. Salunke would submit that in the previous bail order passed in September 2023 while rejecting the Bail Application of Applicant, it was mentioned therein that liberty was granted to Applicant to approach the Court if the trial did not progress substantially. According to Mr. Salunke, trial has not progressed at all and it is completely at a standstill.

8.

In view of the above, list the Bail Application on Board on 22nd April, 2025. To be listed on the 'Supplementary Board'. [ MILIND N. JADHAV, J. ] Ajay by AJAY TRAMBAK UGALMUGALE Date: 2025.04.04 14:29:46 +0530 AJAY TRAMBAK UGALMUGALE