Sagar Chandrakant Shendge v. State Of Maharashtra

Iresh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 884 OF 2023 Sagar Chandrakant Shendge

...Petitioner

Versus

State of Maharashtra

...Respondent

Mr. Yashodeep Deshmukh a/w Ms. Vaidehi Pradeep and Ms. Aditi Athawale for the petitioner Ms. S. S. Kaushik APP for the State CORAM : REVATI MOHITE DERE & GAURI GODSE, JJ.

DATE : 18th AUGUST 2023 P.C. :

1.

On 27th July 2023, we had passed the following order: "1. By this petition sent through jail, the petitioner seeks his transfer from Taloja Central Prison, Kharghar to Sangli Prison, Kalamba Prison Kolhapur or Solapur Prison and also seeks a direction of expeditious disposal of his case i.e. Sessions Case No. 177 of 2020, pending before the learned Sessions Judge, Sangli.

2. Learned APP on instructions states that the petitioner 1/3

has been transferred from Taloja Central Prison, to Sangli Prison and as such the grievance of the petitioner as far as prayer clause "1' is concerned does not survive. As far as prayer clause '2, which seeks a direction to expeditiously decide his case, is concerned, learned counsel for the petitioner as well as the learned APP seeks time.

3.

At their request, stand over to 18th August 2023. To be listed on the Supplementary Board."

2.

Today, learned counsel for the petitioner submits that the petitioner is languishing in jail since November 2015. He submits that charge was framed in the said case in 2019 under the provisions of the Indian Penal Code, as well as, under the Maharashtra Control of Organised Crime Act. The grievance of the petitioner is, that despite charge being framed, there is no progress in the case and as such, the petitioner is languishing in jail for the last 8 years without a trial. 3.

Considering that the case is of the year 2015 which was registered as Special Case in November 2020, we direct the learned District Judge and Additional Sessions Judge, Sangli to decide the said 2/3

case as expeditiously as possible and in any event within 9 months from the date of receipt of this order.

4.

Accordingly, the petition stands disposed of in the aforesaid terms.

5.

Registry to forthwith forward a copy of this order by Fax/E-mail to the learned Judge, Sangli, seized with the petitioner's case. 6.

All parties to act on the authenticated copy of this order. GAURI GODSE, J.

REVATI MOHITE DERE, J.

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