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Bombay High CourtBA/449/2015trial be expedited

Ravi Mallesh Bora @ D K Rao v. State Of Maharashtra

2015-03-23Hon'Ble Justice Revati Mohite Dere3 pages

1/3 nsc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.449 OF 2015 Ravi Mallesh Bora @ D K Rao ...

Applicant V/s.

The State of Maharashtra ...

Respondent Mr.M.S.Mohite, i/b Mr.Randhir A. Kale, for the Applicant. Ms.Aruna S. Pai, APP for the Respondent - State. API - Sachin Mane, DCB CID, Unit - II.

CORAM :

REVATI MOHITE DERE, J.

DATED :

23rd MARCH, 2015.

P.C.

1.

At the outset, learned counsel for the Applicant states that he does not press this Application on merits, as the Court is inclined to expedite the trial of the applicant.

2.

In the present case, charge was framed on 25th November, 2013. Infact this Court (Coram : R.C.Chavan, J.), vide order dated 5th September, 2013, passed in Criminal Bail Application No.1287 of 2013, had observed as under :- "2.

It is informed that the case is now fixed for framing charge. On the next date of hearing the learned Juge while framing the charge itself fix the programme of the trial in consultation with the defence counsel and the

2/3 Prosecutor Incharge of the case and by adhering to such programme dispose of the case as far as possible preferably within a period of six months as the applicant is in jail for last two years. The learned trial Judge shall communicate the programme to this Court as well." 3.

Learned Counsel for the Applicant submitted that despite having expedited the said case, and a direction that as far as possible, to conclude the said case, within a period of six months, the trial has not concluded. 4.

Learned APP on the instructions of the Investigating Officer, who is present in the Court, states that till date 5 witnesses have been examined in the present case and that the prosecution intends to examine five more witnesses.

5.

In view of the statement made by the learned APP, on the instructions of the Investigating Officer, who is present in the Court, ends of justice would be met, if the learned Sessions Judge, is requested to conclude the trial as expeditiously as possibly, and in any event, within a period of three months from the date of receipt of this order. 6.

The parties shall co-operate in the conduct of the trial, so as to enable the learned Judge to conclude the trial as expeditiously as possible,

3/3 as directed here-in-above.

7.

Accordingly, the Application is disposed of with the aforesaid direction.

8.

Parties to act upon an authenticated copy of this order. (REVATI MOHITE DERE, J.)