Dipesh Maruti Patil v. The State Of Maharashtra

Mhi 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 282 OF 2015 with CRIMINAL APPLICATION NO. 358 OF 2015 Dipesh Maruti Patil ...

Applicant vs.

The State of Maharashtra ...

Respondent Mr. Pawan Mali,Advocate appointed for the applicant. Ms. G.P.Mulekar, APP, for the State.

CORAM:

SMT.SADHANA S.JADHAV,J.

DATE : 12th October, 2015.

P.C.

Heard the learned counsel for the applicant. 2.

A report is received from the District & Addl. Sessions Judge, Raigad-Alibag. It is reported that in the present case, the charge was framed on 8.12.2014. By an order dated 13.7.2015, the Sessions case No.50 of 2013 was transferred to the Addl. Sessions Judge, Raigad-Alibag. The case was fixed for hearing/recording of evidence on 28.7.2015. Witness summons were issued. On 11.8.2015, the witness did not remain present. On 26.8.2015, the evidence of PW-1 was recorded. On 9.9.2015, the evidence of PW-2 was recorded and then the matter was fixed for hearing on 23.9.2015.

Mhi 2 3.

The learned counsel appointed has placed on record the case status which shows that on 23.9.2015, the recording of evidence is part-heard. The learned counsel submits that the evidence of the witnesses is being recorded after an interval of almost more than one month. The report shows that 41 witnesses are to be examined. The learned Addl. Sessions Judge shall fix the schedule for recording the evidence in Sessions Case No.50 of 2013. The cases are being tried for the offence punishable under Sections 307, 353,201 read with Section 34 of IPC (as per the case status). The learned Sessions Judge is hereby directed to make every endeavour to see that the evidence of the witnesses is recorded at the earliest. In any case, the recording of evidence shall be concluded on or before 20.1.2016. 4.

With these directions, the application stands disposed of. Application No.358 of 2015 also stands disposed of.

5.

The learned counsel appointed for the applicant has put in his best efforts to espouse the cause of the applicant. Hence, his professional fees are quantified at Rs.1,000/- (Rupees one thousand only) to be paid to him within three months from today.

6.

Office to communicate this order to the applicant who is in jail. (SMT.SADHANA S.JADHAV, J.)

Mhi 3 CERTIFICATE Certified to be true and correct copy of the original signed order.