Santosh Mulchand Jaiswal v. The State Of Maharashtra

APPLN. 63.15.sxw JPP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE SIDE JURISDICTION CRIMINAL APPLICATION NO. 63 OF 2015 Santosh Mulchand Jaiswal.

... Applicant.

V/s.

The State of Maharashtra.

... Respondent.

Miss. Rohini Dandekar, appointed Advocate for the Applicant. Mrs. Sangeeta D. Shinde, APP for the State.

CORAM : P.V. HARDAS & Dr. SHALINI PHANSALKAR-JOSHI, JJ.

MARCH 10, 2015.

P.C. :- This Application has been sent by the Applicant from Jail praying for issuance of necessary directions for expediting the Sessions Case against the Applicant before the Sessions Court at Dhidoshi. According to the Applicant he is an accused in Sessions Case No. 185 of 2011 pending on the file of the Sessions Court at Dhindoshi. According to the Applicant, up till now only three witnesses have been examined. The Applicant is in custody since 27.6.2011 and the trial is likely to prolong and as a result of the delay in the conclusion of the trial, the Applicant stands to be prejudiced.

APPLN. 63.15.sxw 2.

The learned APP has urged before us that three witnesses had been initially examined who were recalled at the behest of the accused and were cross-examined. The learned APP further states on instructions that about 7 witnesses remained to be examined.

3.

In the light of the fact that the Applicant is in custody since 2011, we direct the Trial Court to expeditiously decide the sessions case.

4.

Application is thus allowed to the extent indicated above.

(DR.SHALINI PHANSALKAR-JOSHI, J.) (P.V. HARDAS, J.)