Rajesh Rajendra Tharur v. The State Of Maharashtra

(7)APPLNNo.952019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.95 OF 2019 Rajesh Rajendra Tharoor ...

Applicant V/s.

The State of Maharashtra ...

Respondent .....

None for the Applicant.

Mr.S.V.Gavand, APP for the Respondent/State.

....

CORAM : A.M.BADAR J.

DATED : 5th MARCH 2019.

P.C. :

This application is registered on the basis of communication sent through jail by the applicant/accused Rajesh Rajendra Tharoor. By this application, he is praying for transferring Session Case No.121 of 2014 from the file of the learned Additional Sessions Judge - 3, Kalyan to the file of Shri.Hathrote or Shri.Jadhav, Additional Sessions Judges at Kalyan with a reason that there is great work load in the Court presided over by Shri.M.A.K.Shaikh and, as such, his trial is not being concluded expeditiously.

I have considered the submissions made in the application.

Gaikwad RD 1/2

(7)APPLNNo.952019.doc It is seen from the application that three prosecution witnesses are already examined in the part-heard Sessions Case No.121 of 2014 and, as such, it will not be proper to transfer the part-heard trial to the file of other court. However, alternate request of the applicant/accused deserves consideration as the case appears to be of the year 2014 and the applicant is still a under-trial prisoner. Therefore, the Order :

ORDER

(i) The learned Additional Sessions Judge, Kalyan where the trial of Sessions Case No.121 of 2014 is pending, is directed to expedite the trial and to finish it of within a period of eight months from the date of communication of this Order.

(ii) The application is disposed of with this Order. (iii) Inform the trial Court and the applicant/accused, who is in prison accordingly.

(A.M.BADAR J.) Gaikwad RD 2/2