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Bombay High CourtBA/531/2015others disposed off

Santosh Daulat Singh v. The State Of Maharashtra

2015-12-05Hon'Ble Shri Justice A.S. Gadkari2 pages

YBG ba531-15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.531 OF 2015 Santosh Daulat Singh ..Applicant -VersusState of Maharashtra ..Respondent Mr. Bhavesh Thakur for applicant Ms. P.P.Shinde, APP for State.

CORAM

:

A.S.GADKARI, J.

DATE :

5th December 2015.

P.C.

1] Heard Mr.Bhavesh Thakur, learned Counsel appointed as amicus curaie for the applicant. This is an application sent through jail by the applicant for expediting the trial pertaining to the Sessions Case No.149 of 2014 and in the alternative to release the applicant on bail. Mr.Thakur learned counsel for the applicant with utmost fairness at his command pointed out that in the present case charge has already been framed on 3rd March 2015 meaning thereby that the trial has been commenced. He submitted that, however, after framing the charge trial could not proceed.

YBG ba531-15 2] Learned APP submitted that despite communication from the office of the Public Prosecutor the I.O. has not remained present with copy of charge sheet or to give instructions in the matter and, therefore, she is unable to assist the court. As the charge has already been framed in Sessions Case No.149 of 2014, the trial court is directed to conclude the trial within one year from the date of receipt of this order.

It was pointed out that the coordinate bench of this Court has also passed similar order in the same Sessions Case thereby directing the trial court to expedite the trial. As the learned APP is handicapped due to non assistance from the I.O. , the said order could not be produced before me.

3] In these circumstances, the application is allowed in the aforesaid terms.

(A.S.GADKARI, J)