Hemant Nagardas Gandhi v. The State Of Maharashtra

1 / 2 55-WP-2137-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2137 OF 2023 Hemant Nagardas Gandhi

...Petitioner

Versus

The State of Maharashtra

...Respondent

--------- • Mr. Santosh Tiwari, for the Petitioner.

• Mrs. M.R. Tidke, APP, for the State/Respondent. ---------

CORAM

: SARANG V. KOTWAL, J.

DATE : 14th JULY 2023 P.C. :

1.

This Petition is mentioned out of turn because of urgency.

2.

Learned Counsel for the Petitioner submitted that the Petitioner's Appeal against the order of acquittal is pending before the Sessions Court, Borivali Division, Dindoshi, Mumbai, vide Criminal Appeal No.209 of 2017. It is pending since about six years and sixty-one dates were given but it is still not decided.

3.

He submitted that the Petitioner is a 69 year old person and, therefore, some directions be issued to the learned Judge to Digitally signed by ASHWINI JANARDAN VALLAKATI Date:

2023.07.18 18:20:25 +0530 ASHWINI JANARDAN VALLAKATI Ashwini V

2 / 2 55-WP-2137-2023.odt conclude the Appeal within a reasonable period. 4.

I have considered these submissions. No party can have any objection for early disposal of the proceedings. In this case, the Criminal Appeal is pending for about six years and more than sixty-one dates were utilized but the Appeal is still undecided.

5.

In this view of the matter, directions are required to be issued to the learned Sessions Judge.

6.

Hence, the following order:

O R D E R

i) Learned Additional Sessions Judge, Borivali Division, Dindoshi, Mumbai, is directed to decide Crimianl Appeal No.209 of 2017 within a period of three months from today. ii) With these directions, the Petition is disposed of. (SARANG V. KOTWAL, J.)