Pravin Harishchandra Gaikwad v. The State Of Maharashtra

1 16.1744.14 ba

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE SIDE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1744 OF 2014 Pravin Harishchandra Gaikwad .....Applicant V/s.

The State of Maharashtra ....Respondent Ms. Anjali Patil for Applicant Ms. P. P. Shinde APP for the State.

CORAM : SMT. SADHANA S. JADHAV, J.

DATED : JANUARY 21, 2015 PC :

1) Heard. This is an application under section 439 of Code of Criminal Procedure, 1973. Applicant herein is arrested on 30/12/2010 in crime no. 414 of 2010 registered at Kothrud Police Station, Pune for offence punishable under section 302, 141, 143, 147, 148, 149 of Indian Penal Code and section 37 (1) r/w 13 of Indian Arms Act. Investigation is completed and charge-sheet is filed on 28/03/2011.

2) Learned APP, upon instructions from the investigating officer, who is present in the Court submits that although the charge-sheet is filed almost three years ago, charge is not yet framed.

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2 16.1744.14 ba 3) Accused persons cannot be kept in custody for indefinite period and therefore, in the interest of justice, this Court is inclined to expedite the trial. Learned Sessions Judge shall make an endeavour to frame the charge in the said case before 30/03/2015 and is further requested to make an endeavour to conclude the recording of evidence within 9 months from the date of framing of charge. In the eventuality that the Sessions Court does not conclude the recording of substantive evidence within stipulated period, applicant herein would be at liberty to renew his prayer.

Application stands disposed of.

(SMT. SADHANA S. JADHAV, J.) ism