Annaso Tulajgonda Patil v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1797 OF 2017 Annaso Tulajgona Patil Applicant

Versus

The State of Maharashtra Respondent Mr.Aniket Ujwal Nikam, for the applicant.

Mr.A.S.Satpute,APP, for the State.

CORAM : SMT. SADHANA S.JADHAV, J.

DATE : 20th February, 2018.

P.C. :

1.

Heard the learned counsel for the applicant and the learned APP for the State.

2.

On 4.10.2016, the learned APP, upon instructions, had submitted that the charge is framed and the applicant was admitted in the jail hospital. Taking into consideration the fact that charge is framed, the learned Sessions Judge, Jaysingpur was directed to conclude the recording of substantive evidence, as far as possible, within six months from the date of receipt of the order. It appears from the Roznama as well as the report called for from the learned Sessions that that muddemal was not being

deposited. A communication was sent to the Registrar (Judl-I) of the High Court after the communication dated 2.2.2018 was received from the Sessions Court. Thereafter, it is reported that muddemal is deposited in the Sessions Court, Jaysingpur. Taking into consideration the fact that on 4.10.2016 itself, this Court was inclined to expedite the trial in view of the fact that the case was committed to the Court of Sessions on 19.11.2015 and as on today, the trial has not yet commenced, this Court is inclined to expedite the trial further.

3.

The learned APP submits that the prosecution proposes to examine 48 witnesses, however, repetition of the witnesses on the same point may not be necessary. In view of this, the learned Sessions Judge, Jaysingpur seized with Sessions Case No.12/2015, shall make every endeavour to commence the recording of evidence within two weeks from the date of receipt of this order and concluded the same within ten months thereafter.

4.

The learned counsel for the applicant, upon instructions, submits that the health condition of the applicant is deteriorating. The learned Sessions Judge, Jaysingpur, shall call for a report of the same and make every endeavour to see that the applicant gets proper medical

treatment. However, that shall not create a hurdle in proceeding with the trial.

The application stands disposed of.

5.

Office to communicate this order to the learned Sessions Judge, Jaysingpur ,seized with sessions Case No.12 of 2015 forthwith. (SMT. SADHANA S.JADHAV, J.)