1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE CRIMINAL APPELLATE SIDE CRIMINAL APPELLATE SIDE CRIMINAL APPLICATION NO.5989 OF 2005 CRIMINAL APPLICATION NO.5989 OF 2005 CRIMINAL APPLICATION NO.5989 OF 2005 IN IN IN CRIMINAL APPEAL NO.1059 OF 2004 CRIMINAL APPEAL NO.1059 OF 2004 CRIMINAL APPEAL NO.1059 OF 2004 Mohammed Sagheer Md. Bashir Chauhan ...Applicant Mohammed Sagheer Md. Bashir Chauhan ...Applicant Mohammed Sagheer Md. Bashir Chauhan ...Applicant Vs. Vs. Vs. The State of Maharashtra ...Respondent The State of Maharashtra ...Respondent The State of Maharashtra ...Respondent ----- ----- ----- Mr.A.M.Memon for Appellant Mr.A.M.Memon for Appellant Mr.A.M.Memon for Appellant Mrs. A.S.Pai, A.P.P. for State Mrs. A.S.Pai, A.P.P. for State Mrs. A.S.Pai, A.P.P. for State CORAM: B.H.MARLAPALLE & ROSHAN DALVI, JJ. CORAM: B.H.MARLAPALLE & ROSHAN DALVI, JJ. CORAM: B.H.MARLAPALLE & ROSHAN DALVI, JJ. DATED: 27TH FEBRUARY, 2006 DATED: 27TH FEBRUARY, 2006 DATED: 27TH FEBRUARY, 2006 P.C. P.C. P.C. 1. Heard Mr. Memon, the learned Counsel for the 1. Heard Mr. Memon, the learned Counsel for the 1. Heard Mr. Memon, the learned Counsel for the applicant/accused no.8 and Appellant in Criminal applicant/accused no.8 and Appellant in Criminal applicant/accused no.8 and Appellant in Criminal Appeal No.1059 of 2004. The said Appeal has been Appeal No.1059 of 2004. The said Appeal has been Appeal No.1059 of 2004. The said Appeal has been admitted by this Court and Criminal Application admitted by this Court and Criminal Application admitted by this Court and Criminal Application No.4979 of 2004 praying for being released on bail No.4979 of 2004 praying for being released on bail No.4979 of 2004 praying for being released on bail came to be rejected on 17th January 2005. came to be rejected on 17th January 2005. came to be rejected on 17th January 2005. 2. This fresh application has been filed on the 2. This fresh application has been filed on the 2. This fresh application has been filed on the ground, inter alia, that the Appeal is likely to take ground, inter alia, that the Appeal is likely to take ground, inter alia, that the Appeal is likely to take a long time to reach for final hearing and the a long time to reach for final hearing and the a long time to reach for final hearing and the Appellant has been in custody from May 1998 onwards Appellant has been in custody from May 1998 onwards Appellant has been in custody from May 1998 onwards i.e. about 8 years. It is contended by Mr. Memon i.e. about 8 years. It is contended by Mr. Memon i.e. about 8 years. It is contended by Mr. Memon that the Applicant’s conviction is based on the that the Applicant’s conviction is based on the that the Applicant’s conviction is based on the deposition of a solitary witness who cannot be relied deposition of a solitary witness who cannot be relied deposition of a solitary witness who cannot be relied upon. upon. upon. 3. We have noticed that the paper book is not yet 3. We have noticed that the paper book is not yet 3. We have noticed that the paper book is not yet 2 ready so as to list Criminal Appeal No.1059 of 2004 ready so as to list Criminal Appeal No.1059 of 2004 ready so as to list Criminal Appeal No.1059 of 2004 for final hearing. for final hearing. for final hearing. 4. The learned Counsel undertakes that the 4. The learned Counsel undertakes that the 4. The learned Counsel undertakes that the private paper book duly certified will be filed within private paper book duly certified will be filed within private paper book duly certified will be filed within 4 weeks i.e. by 31st March 2006. In case the paper 4 weeks i.e. by 31st March 2006. In case the paper 4 weeks i.e. by 31st March 2006. In case the paper book is so submitted, list Criminal Appeal No.1059 of book is so submitted, list Criminal Appeal No.1059 of book is so submitted, list Criminal Appeal No.1059 of 2004 for final hearing in the week commencing from 2004 for final hearing in the week commencing from 2004 for final hearing in the week commencing from 10th April 2006. 10th April 2006. 10th April 2006. . The application is disposed off in terms of . The application is disposed off in terms of . The application is disposed off in terms of the above order. the above order. the above order. (ROSHAN DALVI, J.) (B.H.MARLAPALLE, J.) (ROSHAN DALVI, J.) (B.H.MARLAPALLE, J.) (ROSHAN DALVI, J.) (B.H.MARLAPALLE, J.)