LAWS(BOM)-2013-9-265

AKBAR WAHID KHAN Vs. STATE OF MAHARASHTRA

Decided On September 04, 2013
Akbar Wahid Khan Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Heard

(2.) By this application, under section 439 of the Code of Criminal Procedure, 1973, the applicant prays for enlarging him on bail in C.R.No.I116 of 2011 registered with Bazarpeth Police Station, Kalyan under section 302 read with section 34 Indian Penal Code, 1860 and also under sections 3 and 25 Indian Arms Act and under section 37(1) read with section 135 of the Bombay Police Act.

(3.) Mr. Sapkale invited my attention to the earlier orders dated 257 2012 as also 2442013. In paragraph 3 of the order dated 2442013 it was recorded that charge was framed on 1672013 and however till that date there was no progress in trial. Mr. Sakpale submitted that Accused No.3 who had prepared the sword and supplied it to accused No.2(Applicant herein) was enlarged on bail. In paragraph 5 of the order, it was recorded that, the Applicant was allowed to withdraw the Application No.175 of 2013 with liberty to apply for bail after 4 months depending upon the progress of the trial. Mr. Sapkale submitted that after order dated 2442013, the trial has not progressed in as much as the presiding officer is on leave and the Court is vacant. Mr. Sapkale submitted that having regard to the material against the Applicant, at the highest the charge under Section 135 of the Bombay Police Act can be substantiated against him. The maximum punishment thereunder is of one year. The Applicant is already in jail for two years. Ms Mulekar was not in a position to controvert that submission.