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MOHABBATALI ANWARALI KHAN @ CHINKU v. THE STATE OF MAHARASHTRA

Supreme Court of India | Diary 44521/2023

Status

Order

Decided On

2023-12-14

Bench

HON'BLE MR. JUSTICE ABHAY S. OKA, HON'BLE MR. JUSTICE PANKAJ MITHAL

Petitioner

MOHABBATALI ANWARALI KHAN @ CHINKU

Respondent

THE STATE OF MAHARASHTRA

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Full Judgment Text

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO(S). 3826 OF 2023 (ARISING OUT OF S.L.P. (CRIMINAL) NO(S).14841/2023)

MOHABBATALI ANWARALI KHAN @ CHINKU APPELLANT(S)

VERSUS

THE STATE OF MAHARASHTRA RESPONDENT(S)

O R D E R

Heard the learned counsel appearing for the parties.

Leave granted.

The appellant has undergone incarceration for a period of six

and a half years. There is no progress made in the trial in the

sense that out of 56 witnesses named in the charge-sheet, only 01

witness has been examined. The charge-sheet has been filed in May,

2017 and the charges were famed in 2021. The trial is not likely

to be concluded in near future. Even in the impugned order, there

is no reliance placed on any antecedent of the appellant.

Considering the apprehension expressed by the learned counsel

appearing for the respondent-State that the appellant may abscond,

appropriate terms and conditions can be fixed while granting bail

to the appellant.

For that purpose, we direct that the appellant shall be

produced before the Trial Court within a period of one week from

today. The Trial Court shall enlarge the appellant on bail on

appropriate terms and conditions. The respondent-State shall be

S.L.P. (CRIMINAL) NO(S).14841/2023 1

heard before fixing t...

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