1 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELATE JURISDICTION CRIMINAL APPLICATION NO.1825 OF 2010 Ibadulla Habibulla Ansari ...Applicant vs. The State of Maharashtra ...Respondent Mr.M.S.Kadu for the applicant Mrs.M.H.Mhatre, A.P.P for State CORAM : A.R.JOSHI,J. DATE : JUNE 14, 2010 P.C.: 1 Heard rival submissions for some time on this application for regular bail in which applicant-accused no.1 is charged for offence under section 302 of the Indian Penal Code. It is the second application for bail before this Court. Earlier application was disposed of by order dated 24 th September 2009 allowing withdrawal of the application after hearing the same for some time. By the said order, the trial pending before the learned Sessions Judge, Kalyan was directed to be expedited and concluded preferably within four months from the date of the said order. On instructions, the learned A.P.P. Mrs. M.H.Mhatre stated that the trial is not yet started. It is factual position that earlier during the pendency of the investigation and even after filing of the charge sheet two separate bail applications were preferred before the Additional Sessions Judge, Kalyan and even after passing of the order by this Court dated 24 th September 2009 directing expeditious trial, one more bail application was preferred before the Sessions Court. But all the said applications were rejected. 2 2 The learned A.P.P submitted that there are three eye witnesses in the matter and other 7 co-accused were already released on bail and the present applicant is accused no.1 who is the main offender. Under these circumstances, it would not be in the fitness of the situation to allow the present application when the matter is pending before the Sessions Court, Kalyan and the same can be disposed of with certain directions. Hence, the order : ORDER i) Criminal Application no.1825 of 2010 is rejected. ii)Learned Additional Sessions Judge, Kalyan is directed to conduct trial of pending Sessions Case no.166 of 2009 as early as possible and within a period of two months from the date of communication of this order to the said Court. iii)Needless to mention that the learned Sessions Judge, Kalyan shall not be influenced by any of the observations made by this Court while passing this order. JUDGE