Disposed¶6

Gulfam Nisar Ansari v. State of Maharashtra

Bombay HC10 Feb 2025BA/4071/2024

Case brief

AI extract

What is this about?

MCOC Act bail application, Bombay High Court, Jadhav J., 30.04.2025; applicant one of three accused, incarcerated 2 years 3 months; charge not framed, trial not commenced, completion impossible in foreseeable future; compliance with order dated 28.04.2025 via affidavit of ACP East Division Bhiwandi; APP Mahalakshmi Ganapathy to report trial status; stand over to 08.07.2025; Narpoli Police Station; no bail granted or refused; adjournment order.

What did the court decide?

No bail granted or refused; compliance with the order dated 28.04.2025 recorded and the Application stood over to 08.07.2025 for hearing and decision after the learned APP apprises the Court of the precise trial status. ¶6

Gulfam Nisar Ansari vs State of Maharashtra — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶6

Issue for consideration

Whether bail should be granted to the Applicant, one of three accused in offences punishable under the Maharashtra Control of Organised Crimes Act, 1999, incarcerated for about 2 years 3 months, where charge has not been framed, trial has not commenced and its completion in the near foreseeable future is said to be a distinct impossibility.

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Court's answer

On a prima facie view, since charge has not been framed and trial has not commenced, completion of trial in the near foreseeable future being a distinct impossibility, the Bail Application deserves consideration; the hearing and final decision were deferred to the next adjourned date pending the APP's report on the precise trial status.

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Ratio / Principle

Operative direction: the learned APP to take appropriate instructions on the precise status of trial and apprise the Court on the next adjourned date, when the present Application shall be heard and decided.

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Detailed headnote1 paragraphs

Bombay High Court (Criminal Appellate Jurisdiction), Milind N. Jadhav J.: Bail Application No. 4071 of 2024 of Gulfam Nisar Ansari, arraigned as one of three accused in offences punishable under the Maharashtra Control of Organised Crimes Act, 1999, and incarcerated for about 2 years 3 months, was taken up on 30.04.2025. Compliance with the Court's earlier order dated 28.04.2025 was recorded upon filing of the affidavit of the Assistant Commissioner of Police, East Division, Bhiwandi. Counsel submitted, and the Court prima facie accepted, that charge had not been framed, trial had not commenced, and completion of trial in the near foreseeable future was a distinct impossibility; accordingly the Bail Application was held to deserve consideration. The learned APP was directed to take instructions on the precise status of trial and apprise the Court on the next adjourned date, when the Application would be heard and decided; the matter stood over to 8 July 2025. No bail was granted or refused at this stage.

Gulfam Nisar Ansari v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

Gulfam Nisar Ansari v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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