1 2100.11 SQP IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2100 OF 2011 Iqbal Rafiquddin Shaikh ...Petitioner Versus The State of Maharashtra ...Respondent ...... Mr.Rajesh Patil, amicus curiae. Mr.D.P.Adsule, A.P.P. for State. ...... CORAM:- A.M.KHANWILKAR AND P.D.KODE, JJ. DATED:- SEPTEMBER 21, 2011. P.C. 1. This Petition is received through jail. The respondent State has now filed affidavit sworn by Ashok T. Duraphe, Assistant Commissioner of Police dated 15th September, 2011. It is stated that trial is already in progress. The prosecution has examined 50 witnesses till now. It appears that the prosecution intends to examine 20 more witnesses in connection with this case. In addition to the present case, the petitioner has been named as accused in other two criminal cases for offence punishable under Sections 307, 34 of the Indian Penal Code read with Sections 3 and 25 of the Arms Act. Learned amicus curiae relying on the order dated 20th July, 2009 passed in Application No.1862/2009 contends that on the earlier occasion, representation was made to this Court that the prosecution intends 2 2100.11 to examine only 5/6 witnesses. Learned A.P.P. on instructions of A.P.I. Mr.J.J.Kulkarni, L.T.Marg Police Station, submits that the said statement was made by the learned A.P.P. on the earlier occasion due to miscommunication. The correct position in any case is now stated on affidavit by Officer who is also the Investigating Officer. 2. It is also noticed that the petitioner has already been granted bail in the present case. He has not availed of the bail and continues in jail. Taking overall view of the matter, therefore, no interference is warranted. Dismissed 3. Copy be forwarded to the petitioner, who is in jail, for information. 4. Court expresses word of gratitude for the able assistance provided by the learned amicus curiae to espouse the cause of the petitioner. (P.D.KODE, J.) (A.M.KHANWILKAR, J.)