IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3401 OF 2008 Sher Bahadur Akram Khan ...Applicant Vs. The State of Maharashtra ... Respondent --- Shri P.R. Pandey for Applicant Shri S.R. Shinde APP for State ---- CORAM: V.M. KANADE J. DATED 28TH JANUARY, 2009 P.C. 1. Heard the learned Counsel appearing on behalf of the Applicant and the learned APP for the State. 2. The Applicant has been arrested in connection with C.R. No.77 of 2004 for an offences punishable under sections 143, 149, 147, 148,149, 120 (b), 176, 212, 304 r/w. 34 of the Indian Penal Code. 3. The learned APP for the State submits that twelve witnesses have already been examined and the trial is likely to be over within a period of six months. 4. The learned Counsel for the Applicant submits that the only role attributed to the Applicant is that he had instigated the other accused. He submitted that the Applicant is in jail since last five years and that he is ailing and he is 69 years of age. 5. The learned APP for the State has invited my attention to the list of cases, which were filed against the Applicant. He submitted that if the Applicant is released on bail, there is every possibility that he will tamper with the evidence or threaten the witnesses. The Applicant, therefore, in view of this, is not entitled to be released on bail, at this stage. Hence, application for bail is rejected. 2. The Sessions Court is directed to decide the matter as expeditiously as possible and in any event, within a period of six months. Liberty is granted to the Applicant to apply for bail, if the trial is not over within a period of six months. The Jail Superintendent shall give medical treatment to the Applicant as advised by the Dean. The Applicant shall co-operate with the Sessions Court and shall not take any further dates or adjournments. V.M. KANADE J.