Shaikh Tausif Shakil v. The State Of Maharashtra

Megha ba_1390_2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1390 OF 2019 Shaikh Tausif Shakil ....Applicant

Versus

The State of Maharashra ....Respondent Mr. Tushar Narayan Sonawane for the Applicant. Ms P.P. Shinde, APP for the State.

CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATE : 20TH DECEMBER, 2019.

(IN CHAMBER) P. C. :- This is the fourth bail application filed by the aforesaid Applicant, who is facing trial in R.C.C. No.136 of 2015 for offences punishable under Sections 394 and 120B r/w. Section 34 of the Indian Penal Code.

2.

The Applicant seeks bail mainly on the ground that there is no progress in trial despite earlier directions to dispose of the case in time bound schedule. The learned counsel for the Applicant states that by order dated 12/07/2017, this Court had directed the learned Magistrate to dispose of the case expeditiously and preferably within a period of one year from the date of receipt of the order. By order dated 3/10/2018, time to dispose of the case was extended by further period 1/2

Megha ba_1390_2019.doc of one year. He submits that despite these two orders, till date only three witnesses have been examined. He states that the Applicant is languishing in jail since 2015.

3.

Ms P.P. Shinde, the learned APP states that the trial has already commenced and the matter is being taken on day to day basis. She submits that total 17 witnesses are to be examined and that the efforts will be made to conclude the trial within a period of four months.

4.

In the light of the said statement, with consent the application is disposed of with liberty to file fresh application in the event the trial is not concluded within a period of four months. 5.

The learned Magistrate is requested to make an endeavour to dispose of the matter as expeditiously as possible and in any event within a period of four months from the date of receipt of copy of this order.

6.

Parties to act on an authenticated copy of this order. (SMT. ANUJA PRABHUDESSAI, J.) Digitally signed by Megha Parab Date:

2019.12.20 14:00:15 +0530 Megha Parab 2/2