Bombay High Court
Fazal-Ur-Rehman Abdul Basit Siddiqui vs The State Of Maharashtra on 11 December, 2020
Author: Sarang V. Kotwal
Bench: Sarang V. Kotwal
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION [STAMP] NO.1926 OF 2020
Fazal-Ur-Rehman Abdul Basit Siddiqui .... Applicant
Versus
The State of Maharashtra .... Respondent
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Mr. Vineet Dhanda a/w. Shubham Prasad, Advocate for the
Applicant.
Ms. Pallavi N. Dabholkar, APP for the State/Respondent.
PI Sudhakar Deshmukh, Anti Extortion Cell, Crime Branch,
Mumbai is present.
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CORAM : SARANG V. KOTWAL, J.
DATE : 11th DECEMBER, 2020
P.C. :
1. The Application raises important questions of
law. The charge-sheet runs in many pages. There is a long
history behind this Application. The Applicant is in custody
in different cases since the year 2005. In this particular case,
which is a subject matter of this Application, he is arrested in
the year 2019.
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Deshmane (PS)
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2. The matter is serious and considering the
voluminous record, it will take some time and, therefore, it
has to be fixed for hearing on a day when it can be heard and
decided by giving full opportunity to both sides to present
their case. Considering the heavy pendency and the matters
fixed earlier, it is not possible to keep this matter
immediately after re-opening of the Court after vacation.
3. Learned Counsel for the Applicant submitted that
the medical condition of the Applicant is bad, which is also
an important consideration.
4. After I asked convenience of both learned
Counsel, I was told that the date 5.2.2021 is convenient to
learned Counsel for the Applicant, who comes from Delhi. At
his request, the matter is specifically kept at 3 O'Clock on
5.2.2021.
5. In the facts of this case, since the Applicant is in
custody in different cases continuously from the year 2005, it
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is absolutely necessary that his trial is conducted
expeditiously. Therefore, directions are required to be given
in that respect also.
6. Hence, the following order :
ORDER
i. Stand over to 05.02.2021, to be heard at 3:00 p.m.. ii. Special Case No.9/2006, pending on the file of the learned Special Judge for MCOCA Cases for Greater Bombay, wherein the Applicant is the accused, shall be immediately taken up for hearing.
iii. The learned trial Judge is directed to start the trial immediately, and not later than 21.12.2020. iv. The trial shall be conducted as far as possible on a day to day basis. No unnecessary adjournment shall be given to either side. It would be desirable if the trial is completed within a period of one month. The learned trial Judge shall give 3/4 :4: 19.BA-ST-1926-20.odt precedence to this trial considering the period for which the Applicant is already detained in custody.
v. The Jail Authorities shall provide all the necessary medical treatment and facilities to the Applicant to take care of his health. vi. Registry to communicate this order to the trial Court immediately.
Digitally signed by Pradeepkumar Pradeepkumar P. Deshmane P. Deshmane Date:
2020.12.14 14:17:12 +0530 (SARANG V. KOTWAL, J.) Deshmane (PS) 4/4