Jawahar C. Bijlani v. The State Of Maharashtra

1 APPLN 65 OF 2015.doc vks

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.65 OF 2015 WITH CRIMINAL APPLICATION NO.170 OF 2015 Jawahar Chelaram ... Applicant.

V/s.

The State of Maharashtra .... Respondent Mrs. Nasreen Ayubi, for Applicant in Application No.65 of 2015 Mr. Himanshu V. Kode, for the applicant in Application No.170 of 2015. Mrs. A.S. Pail, A.P.P., for the Respondent-State. CORAM : P.V.HARDAS & DR. SHALINI PHANSALKAR-JOSHI, J.J.

DATE : 24TH FEBRUARY, 2015.

P.C. :

1.

This application has been sent by the applicant from the jail praying for issuance of necessary directions for expeditiously deciding the Session trial which is pending against present applicant. 2.

We have heard Ms. Nasreen Ayubi, learned counsel appointed for the applicant and the learned APP. We have also heard learned counsel Mr. Himanshu Kode, appearing for the applicant in Page No.1 of 2

1 APPLN 65 OF 2015.doc Application No.170 of 2015 which is filed by the son of the deceased who seeks to intervene in the present application. 3.

The learned APP, on instructions, informs us that further investigation is being conducted and since investigation is in progress, trial cannot be commenced.

4.

In that light of the fact that further investigation is in progress, in our opinion present application is premature. The applicant may move application after conclusion of the investigation and supplementary chargesheet is filed. This application is accordingly dismissed. [DR. SHALINI PHANSALKAR-JOSHI, J.] [P.V.HARDAS, J.] Page No.2 of 2