Bhalchandra Raghunath Bhoir v. The State Of Maharashtra

Mhi 1 BA-454-16.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 454 OF 2016 Bhalchandra Raghunath Bhoir ...

Applicant Vs.

The State of Maharashtra & Anr ...

Respondents Mr. Satyam H. Nimbalkar,Advocate for the applicant. Mr.Ateet Shirodkar, for the intervenor.

Mr. R.M.Pethe,APP, for the State.

CORAM:

SMT.SADHANA S.JADHAV, J.

DATE : 20th February, 2017.

P.C.

The learned counsel for the applicant fairly submits that the trial has commenced and seven witnesses have been examined. It would not be appropriate to consider an application under Section 439 of Cr.P.C. in the midst of the trial. Hence, the application stands disposed of. 2.

The learned counsel for the applicant submits that almost for the last one year, the trial is moving at a snail's pace and that the applicant is undergoing unwarranted incarceration. In view of this, the learned Sessions Judge is directed to proceed with the trial expeditiously, not grant any unwarranted adjournments to the prosecution and shall also ensure that the accused is produced before the Court on each and every date of the trial, failing which the learned Sessions Judge may take appropriate action.

Mhi 2 BA-454-16.sxw Similarly, in the eventuality that recording of evidence is available through video conferencing, the learned Sessions Judge shall avail of the said alternative proceeding and expedite the trial, as far as possible, more particularly because the trial has been expedited by the High Court on more than two occasions.

3.

The application stands disposed of with a direction that the learned Sessions Judge shall conclude the trial as far as possible within six months from the date of receipt of this order. (SMT. SADHANA S.JADHAV, J.)