High Court rejected the bail application for two applicants in a serious nature offence where a prima facie case was established. The court ordered the trial to be expedited, directing the trial court to complete it within nine months.
Trial ordered to be expedited and completed within nine months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
tilak 1/2 (2)BA-255-14
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION No.255 of 2014
Imran Mohammad Majjid Shaikh & Anr .. Applicants Versus The State of Maharashtra .. Respondent
Mr. V.V. Purwant with Mr.Sachin Deokar, Advocate for the applicants. Mr.Y.S.Shinde, APP for the Respondent State.
CORAM : ABHAY M. THIPSAY, J. DATED : 13th JUNE, 2014. ---
P.C. :
1 Heard Mr.V.V. Purwant, learned counsel for the applicants. Heard Mr.Y.S.Shinde, learned APP for the State. I have gone through the application, and the annexures thereto.
2 The offence in question is of a serious nature. The applicants have been identified as the culprits by the First Informant and one more witness i.e. the cleaner of the tempo. It cannot be said that there exists no prima facie case against the applicants.
3 I am also informed that the applicants are involved in some other case of a similar nature also.
4 Considering all the relevant aspects of the matter, this does not seem to be a fit case to me to release any of the applicants on bail.
tilak 2/2 (2)BA-255-14
However, on the prayer of the learned counsel for the applicants, the trial is ordered to be expedited.
The trial court shall endeavour to complete the trial within a period of nine months from today.
(ABHAY M.THIPSAY, J)
3 issues framed by the court
Whether the applicants are entitled to bail in a serious nature offence where a prima facie case exists?
Whether the trial should be expedited to complete within nine months?
Whether the matter warrants release on bail considering involvement in similar cases?
Imran Mohammad Majjid Shaikh & Anr
The State of Maharashtra
Abhay M. Thipsay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
