Emeka Njoku Fabrice v. Union Of India And ANR

Shivgan 16-BA-37-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.37 OF 2025 Emeka Njoku Fabrice ...Applicant

Versus

Union Of India and Anr.

...Respondents

Mr Dilip Mishra, with Ayaz Khan, Zehra Charania & Mallika Sharma, for the Applicant.

Mr Rushikesh Mude, Special Public Prosecutor, with Shatabdi Netke and Pooja Soni, for the Respondent No.1. Ms Poonam P Bhosale, APP for the Respondent No.2-State.

CORAM

DR. NEELA GOKHALE, J.

DATED:

04TH NOVEMBER 2025 PC:- 1.

After hearing the matter for some time, when this Court was not inclined to grant relief to the Applicant, Mr Dilip Mishra, learned counsel appearing for the Applicant, sought permission to withdraw the present Bail Application.

Shivgan 16-BA-37-2025.doc 2.

However, it is an admitted position that the Applicant is incarcerated from 3rd March 2022 and till date, only one witness is being examined.

3.

Mr. Rushikesh Munde, learned Special Public Prosecutor, representing the Respondent No.1-Union of India, on instructions, submits that although the list of witnesses indicates 19 witnesses, the prosecution intends to examine only 13 witnesses.

4.

In these circumstances, permission to withdraw the present Bail Application is granted, however, liberty is granted to the Applicant to renew his prayer for bail, if the trial does not progress substantially after a period of 6 months from the date on which the present order is placed before the Trial Court concerned.

5.

In any case, the Trial Court concerned is directed to expedite the trial and preferably conclude the same within a

Shivgan 16-BA-37-2025.doc period of 6 months from the date on which this order is placed before it.

6.

The Bail Application is disposed as withdrawn. (DR. NEELA GOKHALE, J) Digitally signed by SHAMBHAVI NILESH SHIVGAN Date:

2025.11.06 12:36:18 +0530 SHAMBHAVI NILESH SHIVGAN