Shirin Shabbir Gilitwala v. The State Of Maharashtra

Mhi 1 BA-2579-14.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAILAPPLICATION NO. 2579 OF 2014 Smt. Shirin Shabbir Gilitwala ...

Applicant vs.

The State of Maharashtra ...

Respondents Mr. Hemant S. Deshpande,Advocate for the applicant Mr.A.S.Shitole, APP, for the respondent-State.

CORAM:

SMT.SADHANA S.JADHAV,J.

DATE : 22nd December, 2014.

P.C.

This is subsequent application under Section 439 of Cr.P.C. The applicant had approached this Court earlier under Section 439 of Cr.P.C. 2.

On 4.9.2013, Bail Application No.1332 of 2013 was withdrawn by the learned counsel. However, this Court had requested the Sessions Judge seized with the matter to make an endeavour to conclude the hearing of the appeal within six months from the date of framing charge. That in the eventuality that trial was not concluded within one year , the applicant would be at liberty to renew the prayer for grant of bail.

3.

The learned APP submits that charge in the present case is framed on 25.2.2014 and the trial has commenced. The learned Sessions Judge has recorded substantive evidence of the two witnesses. Since this Court had granted liberty

Mhi 2 BA-2579-14.sxw to renew the prayer, the applicant has again renewed his prayer for bail. 4.

The learned counsel for the applicant submits that time of one year from 4.9.2013 has elapsed. Therefore, the applicant would be entitled for grant of bail. However, this Court is not inclined to accede to the request since the trial has commenced.

5.

Hence, the application being sans merit, is rejected. (SMT.SADHANA S.JADHAV, J.)