NADIM SALIM SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant is seeking bail in connection with C.R. No.172 of 2018 registered with Manmad Police Station, District Nashik for offences punishable under Ss. 302, 120(B), 307, 324, 323, 452, 143, 147, 148, 149, 504, 506, 427 r/w. 34 of Indian Penal Code , 1860 (' IPC ' for short) and under Sec. 7-A of Criminal Law Amendment Act, 1995 and under Sec. 4(25) of Arms Act.

(2.) The case of the prosecution is that, on 25 th September, 2018, one Iliyas Sayyed and others hatched conspiracy and called the applicant and other accused at Ekta Nagar. The accused armed with weapons such as sticks, chopper, rod, iron pipes and sword, created terror at Ekta Nagar, caused damage to the vehicles and assaulted complainant's husband. He died during medical treatment. The First Information Report ('FIR' for short) was lodged on 25/9/2018. On completing investigation, charge-sheet is filed.

(3.) Learned Advocate for the applicant submitted that the applicant was arrested on 12/10/2018 and since then he is in custody. There is no progress in the trial. There are several accused in this case. The prosecution is relying upon the evidence of 60 witnesses. Charge is framed on 10/6/2023 against some of the accused. It is not clear as to when the trial would be concluded. Reliance is placed on the order passed by this Court in Criminal Bail Application No.2306 of 2022, wherein the bail was granted to the Accused therein on the ground of long incarceration in custody.