The High Court of Judicature at Bombay rejected a third bail application. Finding that the trial was nearly concluded, the court held it unnecessary to consider the merits and rejected the application, directing the trial judge to expedite the case.
Application rejected; case to be concluded expeditiously.
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.
BA 777-19.doc
Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 777 OF 2019
Siraj Ahmed Riyaz Ahmed Ansari .Applicant
Vs.
The State of Maharashtra .Respondent
Mr. Mateen A. R. Shaikh, Advocate, for the Applicant Mr. S. V. Gavand, APP, for the Respondent – State Mr. Chaudhari, PSI, Crime Branch Unit.2, Bhiwandi present
CORAM : REVATI MOHITE DERE, J. DATE : 11.07.2019
P.C.
. Heard learned counsel for the Applicant and the learned
APP for the Respondent – State.
Applicant. The first Bail Application preferred by the Applicant was withdrawn by the learned counsel for the Applicant and as such, was disposed of vide order dated 25.09.2017. The second Bail Application was rejected on 23.07.2018, on merits as well as on the ground that the trial had commenced and also on the ground that the possibility of tampering with the witnesses cannot be ruled out. The trial of the
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BA 777-19.doc
Applicant was however expedited. The learned Judge was directed to conclude the case as expeditiously as possible and in any event on or before 31st January, 2019.
examined and two witnesses are present today in the trial Court for their examination. He submitted that if the two witnesses are examined today, there are only 3-4 witnesses left to be examined. He submitted that this Court vide order dated 15.02.2019 had granted extension of six months to conclude the trial and as such, the period comes to an end on 15.08.2019.
4. Considering the aforesaid, it is not necessary to consider
the aforesaid Application of the Applicant, since the trial is almost coming to an end. The Application is accordingly rejected, however, the learned trial Judge to conclude the case as expeditiously as possible. Parties to co-operate with the conduct of the trial.
(REVATI MOHITE DERE, J.)
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1 issue framed by the court
Whether bail should be granted to the applicant considering the trial is nearly concluded.
Siraj Ahmed Riyaz Ahmed Ansari
The State of Maharashtra
Revati Mohite Dere
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
