- 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 2994 OF 2009 Ahmed Abdul Muqeet Khan ... Applicant Vs. Union of India & Anr. ... Respondents *** Mr. Rajendra Rathod i/b Lalla & Lalla, for the Applicant. Mrs. P. H. Kantharia, APP for NCB, Respondent No.1. *** CORAM : V. M. KANADE, J. DATE : AUGUST 31, 2009. PC :- 1. Heard the learned counsel for the applicant and the learned APP for the respondent No.1. This is a second bail application filed by the applicant. The first bail application was rejected by this Court by an order dated 10th February 2009. The trial has already commenced, nine witness have been examined so far. It is submitted by the learned APP appearing on behalf of the State that that 3-5 witnesses are to be examined on behalf of the prosecution. She submits that trial is likely to over in 3-4 months period. The learned counsel appearing on behalf of the applicant, on the other hand, submitted that the only material on record against the present applicant is, in the form of confessional statement of the applicant which was retracted later on. He - 2 - submitted that one other case was filed against the present applicant on the basis of the same statement and he was acquitted in the said case by the Sessions Court, Mumbai. He therefore, submits that the applicant has good case on merits. 2. Be that as it may, the fact remains that since the trial has already begun and 9 witnesses have already been examined and only 3-5 witnesses remained to be examined, it would be appropriate if the Sessions Court is directed to decide the case as expeditiously as possible and in any case within a period of 3 months. This application for bail is therefore, rejected. Liberty, however, is granted to the applicant to apply afresh if the trial is not over within three months period, which shall be decided by the trial Court on merits. The Sessions Judge may decide the case expeditiously and if possible by taking evidence on day-to-day basis. The present application is accordingly disposed of in above terms. Sd/- [ V. M. KANADE, J.]