Suresh Vaju Parad v. The State Of Maharashtra

5.APPLN.186-15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION [APPLN] NO.186 OF 2015 Suresh Vaju Parad ..Applicant

Versus

State of Maharashtra ..Respondent ....

Mrs. Nasreen S.K. Ayubi, Advocate (appointed) for the Applicant. Mr. A.R. Patil, APP, for the State.

....

CORAM : A. R. JOSHI, J.

DATE : 26th AUGUST, 2015 P.C.

1.

Heard learned appointed counsel for the applicant. Also heard learned APP for the State.

2.

This is an application for transfer preferred by the applicant / accused, through jail. Apparently the only ground mentioned in the application is not taking his case for final hearing.

3.

On earlier date, report from the concerned trial Court was called. Now the report is available with the Court. With the assistance of learned appointed Counsel and learned APP, the contents of the said report are ascertained and it is found out 1 / 2

5.APPLN.186-15.doc that there was much pendency of similar such sessions cases under MCOCA and as such due to this reason the MCOC Special Case No.5 of 2012 could not be taken up expeditiously. In the report produced by the trial Court it is mentioned that there were so many other cases which were expedited by the High Court and time was taken for disposals of those cases. Considering this factual position, in the opinion of this Court there is nothing to entertain the present application under Section 407 of Cr.P.C.. At the most directions can be given to the concerned trial Court to expeditiously deal with the matter and dispose of the same in accordance with law as early as possible. Said directions are being given and with these observations present application is disposed of. 4.

Present order be communicated to the applicant through the concerned jail authorities. Legal fees be paid to the learned appointed Advocate as per rules.

( A. R. JOSHI, J.) Deshmane (PS) 2 / 2