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Bombay High CourtBA/178/2015trial be expedited

Virendra @ Viru Sadlana v. The State Of Maharashtra

2015-03-04Hon'Ble Justice Revati Mohite Dere3 pages

1/3 nsc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.178 OF 2015 Virendra @ Viru Sadlana ...

Applicant V/s.

The State of Maharashtra ...

Respondent Mr.M.Moses, for the Applicant.

Ms.P.P.Shinde, APP for the Respondent - State. PSI - Desure and I.O - PI. Varang.

CORAM :

REVATI MOHITE DERE, J.

DATED :

4th MARCH, 2015.

P.C.

1.

Heard learned counsel for the applicant and learned APP for the State.

2.

This is the second Bail Application of the Applicant. The learned counsel for the Applicant states that vide order dated 21st August, 2014, this Court (Coram : Smt.Sadhana S. Jadhav,J.) had observed that "taking into consideration the fact that the trial has commenced and witnesses are examined, this Court would request the Sessions Judge to conclude the hearing of the trial within 4 months from the date of receipt of this order.".

2/3 3.

As reflected in the order dated 21st August, 2014, the prosecution had proposed to examine 35 witnesses. However, till date only 6 witnesses have been examined by them. Learned APP states on instructions, that thereafter 2 more witnesses have been examined and the prosecution intends to examine only 3 witnesses. 4.

In view of the said statement, it would be appropriate to direct the Sessions Court to dispose of the aforesaid case, as expeditiously as possible, and in any event, within two months from the date of receipt of this order.

5.

The Investigating Officer to produce a copy of this order before the Sessions Court.

6.

Registry to take steps to communicate the above order to the concerned Sessions Judge (i.e. Court Room No.29, City Civil & Sessions Court) who is seized of the said case, being Sessions Case No.286 of 2012.

7.

The learned Sessions Judge to make an endeavour to conclude the

3/3 trial within two months from the date of receipt of this order. If the said trial does not conclude within two months, for no fault of the Applicant, the Applicant shall be at liberty to renew his prayer for bail. 8.

Application is disposed of with aforesaid directions. (REVATI MOHITE DERE, J.)