Shishir Dubey v. Union Of India And ANR

1 /2 902-apl-169-16.doc Ladda

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 169 of 2016.

Shishir Dubey ..Applicant.

Vs The Union of India & Anr ..Respondents.

Mr Ninand Muzumdar for the applicant.

Mr Milind Sawant for the CBI- respondent no.1. Smt. P.P. Bhosale, APP for the State.

CORAM : A.S.GADKARI, J.

DATE : 11th August, 2016 P.C.

1) Heard the learned counsel for the applicant and the learned counsel appearing for the C.B.I. respondent No.1. 2) By the present application under Section 482 of the Code of Criminal Procedure, 1973, the applicant-original accused no.2 in C.B.I. Special Case No. 55 of 2010 pending on the file of the learned Judge of the Special Court, C.B.I for expediting and completion of the trial pertaining to said case.

3) Mr Sawant, the learned counsel appearing for the C.B.I., on instructions, submitted that though in the final report, the C.B.I. has cited as many as 55 witnesses, the C.B.I. intends to examine approximately 25 witnesses in support of its case. He further, on instructions, submitted that it may take approximately a year to

2 /2 902-apl-169-16.doc complete the trial pertaining to the said case i.e. the C.B.I. Special Case No.55 of 2010. Mr Sawant, on instructions, also fairly pointed out the fact that the concerned Court is having about 42 cases pending for disposal.

4) In view of the submissions made by the learned counsel appearing for the C.B.I., in my considered view, a direction to the Trial Court to make an endeavour and to complete the trial pertaining to C.B.I. Special Case No.55 of 2010 preferably within a period of one year from the date of receipt of the present order would sub-serve the ends of justice.

5) In view of the above, the Trial Court i.e. the learned Judge seized of the C.B.I. Special Case No.55 of 2010 is hereby directed to make an endeavour to complete the trial pertaining to the said case preferably within a period of one year from the date of communication of this order.

6) The application is allowed in the aforesaid terms. (A.S. GADKARI, J.)