:1: ba 1461.11 ata IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1461 OF 2011 Mr. Umed Deraj Visaria ..Applicant vs The State of Maharashtra ..Respondent Mr. W. S. Rane i/b P. N. Vira,for Applicant. Mrs. R. M. Gadhavi, APP for State. CORAM :- A. M. THIPSAY, J. DATE :- OCTOBER 7, 2011 P. C. Heard Mr. W. S. Rane, the learned Advocate for the Applicant and Mrs. R. M. Gadhavi, the learned APP for the State. 2 The Applicant’s previous Bail Application, (Bail No. 782 of 2011 decided on 10th June, 2011) was rejected by me. However, by the same order, the trial Court was directed to expedite the trial and complete it, in any case, by 30 th August, 2011 . Liberty was granted to the Applicant to apply afresh for bail, should the trial be not over within the stipulated time. The present application has been made pursuant to the aforesaid liberty claiming that though the period during which the trial was :2: ba 1461.11 directed to be completed is over,the trial has not even commenced as yet. 3 The learned APP for the State, on instructions, states that the trial has, indeed, not commenced. She, however, submits that witness summonses have been issued and recording of the evidence is likely to be commence from 11th October, 2011. 4 Mr. Rane, the learned Advocate for the Applicant, submits that apart from the fact that the Applicant is in custody since last about nine months and that the trial has not yet commenced, there is a good case for the Applicant on merits. Among other things, he pointed out that the version in the FIR is not in conformity with the statement of the husband of the prosecutrix, that was recorded on 16.01.2011 in the course of investigation. He also submits that there were some money transactions between the parties and the Applicant has been falsely implicated, so as to avoid payment of money due to him. 5 Considering all the relevant aspects of the matter, though it cannot be said at this stage that there exists no prima facie case, it will be proper to release the Applicant on bail, particularly, because the :3: ba 1461.11 Applicant is in custody since January 2011 and the trial has not even commenced within the period in which it was directed to be over. 6 Application for bail is allowed. 7 The Applicant is ordered to be released on bail in the sum of Rs. 30,000/- with one surety in like amount, or two sureties in the sum of Rs.15,000/- each. 8 The Trial Court shall expedite the trial and complete it, in any case, by the end of December, 2011 and report compliance to this Court. 9 Liberty is granted to the Applicant to deposit cash of Rs.30,000/- in lieu of surety . (A. M. THIPSAY , J.)