Harish Rama Mandvikar v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.381 OF 2015 Harish Rama Mandvikar ...

Applicant Vs.

The State of Maharashtra ...

Respondent Mr.Yashpal Thakur for the applicant.

Mr. Arfan Sait, APP for the State.

Mr. Amit B. Bandey, PSI, Borivali Police Station present. CORAM : SMT ANUJA PRABHUDESSAI, J.

DATE : 18 th February, 2016.

P.C. :

.

This is an application received through jail filed by the aforesaid applicant who is facing trial in R.C.C. Nos.470/PW/2013, 396/PW/2012 pending on the file of Metropolitan Magistrate, 17th Court, Borivali and R.C.C. No.781/PW/2013 pending on the file of Metropolitan Magistrate, 26th Court, Borivali. The applicant has alleged that the cases are adjourned time and again and that he has not been produced before the Court on the dates fixed for hearing. The applicant has further prayed that the case may be disposed of expeditiously. 2.

Heard Mr. Yashpal Thakur, learned counsel for the applicant who is appointed to espouse the cause of the applicant and Mr. Arfan Sait, learned APP for the State.

2/3 APPLN-381-15.doc 3.

Mr.Thakur, learned counsel for the applicant submits that the applicant has been convicted for the offence u/s.302 of IPC and is presently in Kolhapur Central Jail.

4.

Mr. Sait, learned APP on instructions submits that RCC No.396/PW/2012 is in respect of offence under the Arms Act and total 12 witnesses have been cited by the prosecution. He further submits that trial has not commenced and that the case is fixed for evidence on 4/5/2016. He further submits that RCC No.470/PW/2013 is in respect of offence u/s.387, 120(6) r/w.34 of the IPC wherein trial has not commenced and the case is pending for trial on 8/3/2016. Whereas RCC No.781/PW/2013 pending before Metropolitan Magistrate, 26th Court is in respect of offence u/s.332, 353, 224 and 406 of the IPC. He submitted that trial has also commenced and the next date for trial is scheduled on 30/4/2016.

5.

Considering the nature of offence and also considering the facts of the said cases and that trial has already commenced, the said cases are required to be disposed of expeditiously. Hence the Learned Metropolitan Magistrate 17th Court, Borivali and the learned Metropolitan Magistrate 26th Court, Borivali are directed to dispose of the said cases as

3/3 APPLN-381-15.doc expeditiously as possible preferably within 1 year from the date of this order. Since the applicant has made a grievance that he has not been produced before the Court, the Superintendent of Jail is directed to produce the applicant before the concerned Court or in the alternative the learned Magistrate to record the evidence under video conference. Application is granted in the above terms.

6.

Copy of this order be served on the applicant through Superintendent of Jail.

( ANUJA PRABHUDESSAI, J. )