Vitthal Bhausaheb Kawad v. The State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 363 of 2024 VITTHAL BHAUSAHEB KAWAD ..APPLICANT VS.

STATE OF MAHARASHTRA AND ANR.

..RESPONDENTS Ms. Racheeta R. Dhuru, for the applicant.

Ms. Megha S. Bajoria, APP for the State.

CORAM : M. S. KARNIK, J.

DATE : MARCH 26, 2024 P.C. :

1.

Heard learned counsel for the applicant.

2.

The applicant is the complainant. Learned counsel for the applicant prays that the trial pertaining to R.C.C. No. 561 of 2022 wherein the accused have been charged for the offences punishable under sections 363, 365, 143, 147, 149, 427, 323, 504, 506 of the Indian Penal Code read with sections 3 and 25 of the Arms Act, be expedited and made time bound.

3.

Learned counsel for the applicant submitted that apart from the present offence where the accused assaulted the complainant and was threatened with dangerous weapons like sword and iron rods, the accused have several criminal 1/3

antecedents to their discredit. It is submitted that the accused are also involved in the offence of dacoity on the Bank of Maharashtra where it is alleged that they looted the ornaments worth more than Rs. 2 crores and 19 lakhs and cash of Rs. 18 lakhs. It is submitted that there is substantial recovery at the instance of the accused. My attention is invited to the chart in clause (e) of the application which indicates the number of offences registered against the accused.

4.

Having regard to the workload, it is not possible for this Court to direct that the trial should be concluded in a time bound manner. Having regard to the facts of this case, if any threats are being administered, it is always open for the applicant to file an appropriate application to the trial Court for appropriate reliefs. Further, the applicant may also resort to the remedy under the Maharashtra Witness Protection and Security Act, 2017. It is always open for the applicant to move the trial Court by filing appropriate application stating the reason why the trial be heard expeditiously. If the trial Court finds it so fit, it may consider expediting the trial.

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5.

With these observations, criminal application is disposed of.

(M. S. KARNIK, J.) 3/3 Signed by: Urmila P. Ingale Designation: PS To Honourable Judge Date: 26/03/2024 18:39:33