Disposed

Chand Mohammad Shaikh v. the State of Maharashtra

Bombay HC26 Nov 2012BA/1551/2012

Case brief

AI extract

What is this about?

In a bail application, the court noted a prima facie case and apprehension of delay. It allowed the applicant to withdraw the application but ordered completion of trial within six months instead of nine. Liberty to apply for bail again if trial is delayed was granted.

What did the court decide?

Application allowed to be withdrawn; trial directed to be completed within six months; liberty granted to apply for bail again if trial exceeds this period.

Chand Mohammad Shaikh Vs the State of Maharashtra — Bail and Remand | Bombay HC (2012)

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rpa

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1/2 ba155112

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CRIMINAL APPELLATE JURISDICTION

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CRIMINAL BAIL APPLICATION NO. 1551 OF 2012

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Chand Mohammad Shaikh ... Applicant Versus The State of Maharashtra ... Respondent

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Mr. R. D. Suryawanshi, Advocate for the Applicant. Mr. Francies Saldanha and Mr. S. R. Shinde, Advocate for Respondent – Union of India.

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Mr. Y. S. Shinde, A. P. P. for Respondent – State.

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CORAM : ABHAY M. THIPSAY, J.

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DATED : November 26, 2012.

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P.C.

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Heard Mr. Suryawanshi, the learned counsel for the Applicant and Mr. Saldanha, the learned counsel appearing for the Union of India.

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2 Though, there is substance in some of the contentions raised by the learned counsel for the Applicant, it cannot be doubted that there exists a prima facie case against the Applicant. I am also informed that the Applicant is already involved in another case and, though, the case is said to be in respect of an offence punishable under Section 307 of the IPC, in my opinion, this aspect of the matter cannot be said to be irrelevant for the purposes of present Bail Application.

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2/2 ba155112

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3 When these aspects are discussed, the learned counsel for the Applicant expressed an apprehension that the trial might be inordinately delayed and, that therefore, the question of bail should be considered favourably. The learned counsel appearing for the Union of India pointed out that by an order order 19^th November, 2012, passed in Criminal Bail Application No.1590 of 2012, this Court has already directed the trial to be expedited and to be completed within a period of nine months from the date of the said order.

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4 After considering the submissions made by the learned counsel for the Applicant, I am inclined to shorten the time limit prescribed for the disposal of the case.

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5 In view of this, Mr. Suryawanshi seeks permission to withdraw this Application.

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6 Application is allowed to be withdrawn and stands dismissed, as such.

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7 The trial Court shall endeavour to complete the trial within six months from today, instead of nine months, as stipulated earlier.

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8 Liberty to the Applicant to apply afresh for bail, should the trial be not over within a period of six months from today.

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( ABHAY M.THIPSAY, J. )

Chand Mohammad Shaikh v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Chand Mohammad Shaikh v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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