The High Court dismissed the second bail application filed by Akhtar Abdul Qayyum Khan accused under MCOCA and IPC, relying on his criminal antecedents and the ongoing trial where eight witnesses have already been examined.
The bail application was dismissed without being entertained.
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.
1/2 1 BA 2265-23.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 2265 of 2023
.. Akhtar Abdul Qayyum Khan Applicant Versus
The State of Maharashtra .. Respondent
Mr. Sandesh Manikkhedkar with Ashokvardhan Purohit i/b Avinash Purohit for the applicant. Ms.S.S.Kaushik APP for the State.
CORAM: BHARATI DANGRE, J. DATED : 5th DECEMBER, 2023
P.C:-
1 On 31st March 2021, by way of a detailed order, the Bail Application filed by the applicant who face accusation in MCOCA along with Section 143, 144, 147, 427, 387 of the IPC, seek his release on bail.
2 The first order in detail has analysed the material available against the applicant in the charge-sheet and apart from this, by referring to his criminal antecedents in form of 14 offences being registered against him, the Application was rejected.
Tilak
2/2 1 BA 2265-23.doc
The Bail Application filed on the second occasion do not permit me to reach a conclusion other than the one which I had recorded in the earlier order and the only change in the circumstance which the learned counsel would press into service is, that the trial is not concluded.
In MCOC Special Case No.13/2017, it is informed that eight witnesses are already examined and the prosecution intend to examine maximum 30 witnesses in totality. It is not the case that the trial has not commenced, and once the trial has commenced, no doubt the Special Judge assigned with the said trial has made every effort to conclude it expeditiously. with the criminal antecedents attributed to the applicant and his role that has surfaced through the charge-sheet, the second Bail Application cannot be entertained and hence, it is dismissed.
( SMT. BHARATI DANGRE, J.)
Tilak
2 issues framed by the court
Whether the bail application should be entertained given the pending trial and criminal antecedents of the applicant.
If the Special Judge in the Special Case No.13/2017 had made efforts to expedite the trial proceedings.
Akhtar Abdul Qayyum Khan
The State of Maharashtra
BHARATI DANGRE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
