JAWAHAR CHELLARAM BIJLANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard, Mr. Choudhary, learned senior counsel for the petitioner, Mr. Punamiya and Mr, Kode, learned counsel for the repective intervenors and Mrs.Pai, learned SPP for the State.

(2.) The petition is filed seeking directions to the Trial Court to forthwith comply with the mandate of the ratio decidendi and guidelines issued by the Hon'ble Apex Court in State of Kerala versus Rasheed in Criminal Appeal No.1321 of 2018 read with the directions of this Hon'ble Court passed in orders dated 18th December, 2018 and 26th April, 2019 in true spirit and substance. The petitioner is also seeking release on regular bail pending completion of trial as well as seeking interim directions to the Trial Court to examine 9 star prosecution witnesses, out of those 11, who were named in affidavit dated 2 nd April, 2018 filed by the Investigating Officer to oppose the petitioner's bail application No.1493 of 2017 in this Court, on day to day basis.

(3.) On 16th February, 2013, FIR came to be registered as CR.No.1-67 of 2013 for offences punishable under Sections 302, 201, 120B of the Indian Penal Code and Sections 3(25), 3(27) and 4(25) of the Arms Act against the petitioner and others. On 22 nd July, 2013, the petitioner surrendered before the Sessions Court at Thane, after dismissal of his applications for Anticipatory Bail. The petitioner, thereafter, filed number of regular bail applications before the Sessions Court, this Court and also the Hon'ble Apex Court. However, the same have been rejected.