MP 1 APL208_11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 208 OF 2011 Mr. Mohd Arshad Mohd. Tahir Shaikh ... Applicant Versus State of Maharashtra ... Respondent Mr. Milan Desai, Advocate for the Applicant. Mr. Nakhwa, APP for the State. CORAM : B. R. GAVAI, J. TUESDAY, JUNE 28, 2011 P. C. : Rule. Rule made returnable forthwith. Heard by consent. 2. The limited grievance of the applicant is that though the applicant is required to be enlarged on bail in view of the order dated 18th October 2010 passed by this Court, the learned Sessions Judge has not disposed of the surety application filed by the sureties in Sessions Case No. 219 of 1999. 3. The applicant is facing trial for the offence punishable under Section 302 in Sessions Case No. 218 of 1999 and 219 of 1999. Since the applicant is languishing in prison for the period of almost 18 years, the applicant had approached this Court by way of Criminal Application Nos. 3513 and 3514 of 2010. The learned Single Judge of this Court (Coram: R. C. Chavan, J.) after considering all the aspects of the matter, including the stay granted by the Apex Court, vide order dated 18th October 2010 directed the trial to be concluded within a period of three months. It was further directed that if the trial is not MP 2 APL208_11 completed within a period of three months, for the reasons unattributable to the applicant, the applicant shall be released on bail. Since the trial did not conclude within a period of three months, the persons who were desirous of standing as sureties to the applicant filed surety applications. It is the contention of the applicant that though in Sessions Case No. 218 of 1999, the applications have been accepted, in Sessions Case No. 219 of 1999, the learned Sessions Judge sought for the remarks of the Public Prosecutor. It is contended that since 17th January 2011, no order has been passed in the said surety applications. 4. This Court vide order dated 18th October 2010, after considering all the aspects of the matter, has directed release of the present applicant on bail in the event the trial was not concluded / recommenced within a period of three months. 5. In that view of the matter, taking into consideration that the issue involves liberty of a citizen, the learned Sessions Judge ought to have been disposed of the said application as expeditiously as possible. 6. The rule is thus made absolute by directing the learned Sessions Judge, Kalyan to dispose of the surety applications filed by the sureties seeking permission to stand as sureties, as expeditiously as possible, and in any case, within a period of two weeks from today. Needless to state that rest of the conditions as imposed in the order dated 18th October 2010 would be complied with by the applicant. (B. R. GAVAI, J)