BOMBAY HIGH COURT
Manish Pitale, J.
Haris Faizanullah Khan v. Union of India
1. This is the second bail application of the applicant herein. The earlier bail application bearing Bail Application No. 332 of 2022 was decided on merits and dismissed by this Court by an order dated 19th August 2024.
2. This bail application has been filed and it is being pursued on the basis that with passage of time, the applicant has undergone 1/3rd of the maximum sentence that can be imposed upon him, even if he is to be convicted for the offences with which he has been charged. In this regard, the learned counsel for the applicant relies upon S.479(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
3. It is also sought to be indicated that the trial is not progressing appreciably and that only the second witness is now being examined by the prosecution.
4. On the other hand, the learned counsel appearing for the respondent - NCB submits that the prayer made on behalf of the applicant cannot be entertained in the light of S.479(2) of the BNSS, which prohibits entertaining such an application, if the applicant - accused is facing investigation / enquiry or trial in more than one offence or if multiple cases are pending against such an applicant.
5. In that regarding,
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