Mrs Ujwala Navnath Jadhav v. The State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 126 OF 2015 Mrs. Ujwala Navnath Jadhav.

... Applicant.

Versus

The State of Maharashtra & anr.

... Respondents.

--- Mr. Kayval P. Shah, advocate for Applicant.

Ms. Veera Shinde, APP for State.

--- CORAM : SMT. SADHANA S. JADHAV,J DATE : NOVEMBER 17, 2016 P.C.:

Heard the learned Counsel for the applicant and the learned APP for State. None appears for the respondent. This is an application seeking cancellation of bail granted in favour of the respondent No. 2 vide order dated 12/2/2015 by Additional Session Judge, Pandharpur. It appears that the respondent No. 2 was arrested in Crime No. 10/15 registered at Pandharpur Taluka Police Station for offence punishable under Section 376, 450, 506 of the Indian Penal Code. The prosecutrix is about 28 years old. 1/3

The learned Sessions Judge has taken into consideration that the applicant was arrested on 17/1/2015 and upon perusal of the papers of investigation, the learned Sessions Judge has granted bail vide order dated 12/2/2015.

Upon perusal of the impugned order, it cannot be said that observations are perverse or against records. It is neither the case that the respondent No. 2 has committed breach of any conditions imposed upon him and hence, the application deserves to be dismissed. However, taking into consideration that the respondent No. 2 is being prosecuted for offence punishable under section 376 of the Indian Penal Code, the trial deserves to be expedited. Since it is an offence against women, the learned Sessions Judge is hereby directed to make every endeavour to expedite the trial as far as possible and preferably within one year from the date of framing of charge.

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The application stands dismissed and disposed of accordingly on the above terms.

(SMT. SADHANA S. JADHAV,J) 3/3