jpc ba1085-11.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1085 OF 2011 Taj Aas Mohamed Khan ... Applicant Versus The State of Maharashtra ... Respondent Mr. Deepak R. Kushwaha, for the applicant Mr. K. V. Saste, APP for the State CORAM:- A.M. THIPSAY, J. DATED :- 11th August, 2011. P.C. : 1. Heard Mr. Deepak Kushwaha, the learned advocate for the applicant and Mr. K. V. Saste, the learned APP for the State. 2. I have gone through the bail application and the annexures thereto. 3. Mr. Deepak Kushwaha, the learned advocate for the applicant, submits that initially the applicant was released on bail, but on the basis of false allegations made by the first informant and the witnesses, later on, the bail granted to the applicant was cancelled by the Court of Sessions. He submits that at the time when the applicant is supposed to have threatened the witnesses, the applicant was not in Mumbai at all, as he had already been externed under the provisions of Bombay Police jpc ba1085-11.sxw 2 Act. He submits that no action was taken by the Police for the breach of the externment order and that, therefore, the allegation of having threatened the witnesses, as far as the present applicant is concerned, should be disbelieved. 4. I find that the bail was cancelled in the Month of March, 2011. The applicant has preferred the present application only on 22nd July, 2011. I am now informed that the trial is at an advanced stage and at least four witnesses have been examined. I find that the applicant is involved in a previous case and it also appears that he has even suffered a conviction. 5. Under the circumstances, when the trial is at an advanced stage and when it can be expected to be over within a short time, I do not think it proper to exercise the discretion in the matter of bail in favour of the applicant. 6. The application is rejected. 7. Liberty to apply afresh for bail, should the trial be not over within a period of two months from today. (A.M. THIPSAY, J.)