Badshah Dilawer Khan v. State Of Maharashtra

(P.A.) 1-BA-3819-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.3819 OF 2025 Badshah Dilawer Khan ...Applicant

Versus

State of Maharashtra

...Respondent

Mr. Ammav Nizami a/w Umar Farooque Nizami, for the Applicant.

Ms. Manisha R. Tidke, APP for the Respondent - State.

CORAM

DR. NEELA GOKHALE, J.

DATED:

08TH OCTOBER 2025 PC:- 1.

By this Application, the Applicant seeks his enlargement on bail in connection with C.R.No.628 of 2018 registered with the Manpada Police Station, for the offences punishable under Sections 302, 201 of the Indian Penal Code, 1860 (for short IPC).

2.

By order dated 28th November, 2019, Bail Application made by the Applicant before the Additional Sessions Judge, Kalyan was rejected. Thereafter, the Applicant made an Application before this Court, however, by order

(P.A.) 1-BA-3819-2025.doc dated 18th October, 2022, this Court having shown its disinclination to grant relief, said Application was withdrawn. However, this Court had requested the Trial Court concerned to frame charges expeditiously and in any case not later than 4 months from passing of the said order. With this direction the said Application was disposed.

3.

By order dated 25th February, 2025, in second bail application made by the Applicant with a grievance that despite, order of this Court dated 18th October, 2022, charges were not framed, this Court once again directed the Registrar (Judicial - I) to communicate its order to the Trial Court concerned and called for a report on the next date. Thereafter, by order dated 18th March, 2025, the Applicant sought leave to withdraw the said bail application with liberty to file a fresh bail application if there is no progress in the trial. 4.

Today, Mr.Nizami, learned counsel for the Applicant, states that it was only on 12th March, 2025 that the charges came to be framed despite order of this Court dated

(P.A.) 1-BA-3819-2025.doc 18th October, 2022, followed by order dated 25th February, 2025, requesting the Trial Court concerned to expedite the trial. However, there is no progress in the trial. He also submits that no witness list is provided to him and there is also no compliance of Section 294 of the Cr.PC till date. 5.

Considering the submissions made by Mr.Nizami, the Registrar (Judicial - I) is requested to call for a report from the Trial Court concerned as to why despite orders of this Court there is no progress in the trial. 6.

Trial Court to submit the report within a period of two (2) weeks from today.

7.

Stand over to 6th November, 2025.

(DR. NEELA GOKHALE, J)