2024 (12) TMI 1769

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....harmadhikari, Adv. Mr. Sourav Singh, Adv. Ms. Anagha S. Desai, AOR Mr. Satyajit A. Desai, Adv. Mr. Siddharth Gautam, Adv. Mr. Abhinav K. Mutyalwar, Adv. Mr. Sachin Singh, Adv. Mr. Preetraj R. Dhok, Adv. Mr. Ananya Thapliyal, Ad. JUDGMENT B.R. GAVAI, J. 1. Leave granted. 2. The present appeal challenges the order passed by the learned Single Judge of the High Court of Judicature at Bombay in Criminal Appeal No.298 of 2024, vide which the appeal filed by the appellant herein challenging the order passed by the Additional Special Judge (M.C.O.C. Act), Pune (hereinafter referred to as 'Special Judge'), rejecting the application for bail filed by the appellant. 3. Shri Anand Dilip Landge, learned counsel appearing for the appellan....

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....ubmits that the learned Single Judge has rightly rejected the reliance sought to be placed by the appellant on the case of Javed Gulam Nabi Shaikh v. State of Maharashtra and Another [(2024) 9 SCC 813 : 2024 INSC 645]. She therefore submits that no interference is warranted in the present appeal. 6. At the outset, we may state that the learned Single Judge by an elaborate and well reasoned order rejected the appeal of the appellant herein. 7. We, therefore, find no error in the reasoning adopted by the learned Single Judge, inasmuch as the learned Single Judge has relied on the judgment of this Court in the case of State of Maharashtra v. Vishwnath Maranna Shetty. [(2012) 10 SCC 561 : 2012 INSC 494] 8. A perusal of the judgment of ....

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....02 dates, the accused has not been produced before the Court either physically or through virtual mode on most of the dates. On the last date, we had put a query to the learned counsel appearing for the State as to why the charges were not framed as of date in this case. Shri Kilor fairly states that the charges have not been framed in the cases which are registered prior to the registration of the present case. We may say with anguish that this is a very sorry state of affairs. If an accused is incarcerated for a period of approximately five years without even framing of charges, leave aside the right of speedy trial being affected, it would amount to imposing sentence without trial. In our view, such a prolonged delay is also not in the i....