Bail application of an applicant incarcerated over three years with trial not progressing was permitted to be withdrawn; the trial court was requested to conclude the trial within 18 months, with liberty to file a fresh bail application if there is no substantial progress.
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.
5-BA-190-2023.DOC
Sonali
2024:BHC-AS:7332
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO.190 OF 2023
Aarbaz Firoz Bepari…Applicant
Versus
The State of Maharashtra…Respondent
Mr. A. P. Mundargi, Senior Advocate i/b. Mr. Vinayak Patil,
Advocates for the Applicant.
Mr. P. H. Gaikwad, APP for the Respondent-State.
CORAM: MADHAV J. JAMDAR, J. DATED : 14th FEBRUARY 2024
PC:-
1.At the outset, Mr. Mundargi, learned Senior Counsel
appearing for the Applicant pointed out the order dated 29th April
2022 passed by a learned Single Judge (Coram: Vinay Joshi, J.) in
Bail Application No.3824 of 2021. The said order reads as under:-
“. When this Court has shown non-inclination to grant bail. At this Juncture, the learned counsel for the applicants seeks permission for withdrawal.2. The applicant stands disposed since
withdrawn.”
2.However, Mr. Mundargi, learned Senior Counsel appearing
for the Applicant states that the Applicant was arrested on 17th
December 2020. The Charge-sheet is filed in March 2021. The Bail
Application was rejected by a learned Single Judge on 29th April
Page 1 of 2
5-BA-190-2023.DOC
Sonali
2022 and till date i.e. even after almost two years, there is no
further progress in the trial and even charge is not yet framed. He
states that the Applicant is incarcerated since more than 3 years
and 3 months.
3.In view of the above submissions, the learned Trial Court is
requested to conclude the trial expeditiously and in any case
within a period of 18 months from today.
4.The Applicant is at liberty to file a fresh Bail Application
within a period of one year if, there is no substantial progress in
the trial.
5.In view of above order, Mr. Mundargi, learned Senior
Counsel appearing for the Applicant seeks withdrawal of the Bail
Application with liberty as above.
6. Accordingly, the Bail Application is allowed to be withdrawn and disposed of as such with liberty as aforesaid.
[MADHAV J. JAMDAR, J.]
Signed by: Sonali Patil Designation: PA To Honourable Judge Date: 14/02/2024 17:50:24
Page 2 of 2
Aarbaz Firoz Bepari
The State of Maharashtra
Madhav J. Jamdar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court