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Bombay High CourtAPPLN/386/2015others disposed off

Suresh Rajendra Gupta v. The State Of Maharashtra

2017-06-08Hon'Ble Shri Justice A. K. Menon2 pages

903-appln-386-2015.odt rrpillai IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.386 OF 2015 Suresh Rajendra Gupta ...

Applicant vs.

The State of Maharashtra ...

Respondent Mr. Pawan Mali for the Applicant.

Mr. S. V. Gavand, APP for the State.

CORAM : A.K. MENON, J.

DATE : 8 th JUNE, 2017 P.C.:

1.

This application was listed at the instance of the accused who was at the material time lodged in Taloja Central Prison. As on date it was his grievance that since his detention he was kept in Thane Central Jail till about 9 th May, 2014 and thereafter transferred to Taloja Central Prison without any order of the Court. As a result he has not been produced before the Court for over seven months. He seeks a direction to the jail authorities to transfer him to Thane Central Prison during the trial.

2.

Learned Counsel Mr. Mali who has been appointed to represent the applicant points out that the trial has since commenced, evidence of 20 witnesses has already been recorded and the matter is proceeding. From the record of the case status online as of 29 th May, 2017 it appears that applicant is presently lodged in Thane Central Jail. The learned APP has since taken instructions and 1/2

903-appln-386-2015.odt today confirms that as per report received from Thane Central Jail the applicant is presently lodged in Thane and the next date of hearing is shown as 12 th June, 2017. In the circumstances the first grievance of the applicant does not survive. 3.

The other grievance made by the applicant is that he is not been produced in Court for a long time. In the circumstances it is appropriate to direct the Sessions Court that whenever necessary the applicant be directed to be produced in Court personally or through Video Conferencing. 4.

The application is disposed of with the aforesaid directions. (A. K. MENON, J.) 2/2