Vinayak Thawara Chouhan v. The State Of Maharashtra

1.APPLN.433.18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.433 OF 2018 Vinayak Thawara Chouhan ...Applicant V/s.

The State of Maharashtra

...Respondent

Ms. N.S.K. Ayubi, Appointed Advocate for the Applicant. Mr. S.V. Gavand, APP for the Respondent/State. CORAM : A.M.BADAR, J.

DATED : 7th MARCH 2019 P.C. :

1.

This is an application for transfer of Sessions Case No.114 of 2015 from the Sessions Court at Alibaug to the Sessions Court at Thane.

2.

The learned counsel appearing for the applicant/accused argued that as the applicant/accused was transferred from Taloja prison to Thane prison, he is not being produced before the Court at Alibaug, and therefore, the sessions case needs to be transferred Aarti Palkar 1/2

1.APPLN.433.18.doc to the Sessions Court at Thane.

3.

As against this, according to the learned APP, there was a riot in the jail at Taloja and therefore, temporarily the applicant/accused was shifted to Thane prison. Now, he is again shifted back to Taloja prison. According to the learned APP, now there shall not be any impediment in producing the applicant/accused before the Sessions Court at Alibaug. 4.

In view of the statement made by the learned APP, on instructions, now no case for transfer is made out. 5.

The application, is therefore, rejected.

(A.M.BADAR J.) Aarti Palkar 2/2