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Bombay High CourtWP/4698/2019others disposed off

Abhinaya Santosh Sahi v. The State Of Maharashtra

2019-11-28Hon'Ble Justice Revati Mohite Dere2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.4698 OF 2019 Abhinaya Santosh Sahi

...Petitioner

Versus

The State of Maharashtra

...Respondent

Mr. Harshawardhan Salgaokar, for the Petitioner. Ms. P. P. Shinde, A.P.P for the Respondent - State. CORAM : REVATI MOHITE DERE, J.

DATE : 28th NOVEMBER, 2019 P.C. :

1.

By this petition, the petitioner has sought the following substantive prayer:- "23. A) That this Hon'ble Court may be pleased to direct the Ld. Sessions Court at Pune to complete the entire trial Sessions Case No.1032/2016 within a period of 3 months." 2.

Learned Counsel for the Petitioner states that the petitioner is in custody for almost about 3 1⁄2 years and despite charge having been framed, the trial has not progressed as the other co-accused who are released on bail keep on seeking adjournment, as a result of which, the trial

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3.

Learned APP when asked states that out of 35 witnesses, the the prosecution intends to examine around 12 to 15 witnesses. The petitioner is facing prosecution for a serious offence and is in custody for almost 3 1⁄2 years. The petitioner has a right to have his trial being decided expeditiously.

4.

Considering the aforesaid, the petition is allowed. The learned Sessions Judge, Pune, is directed to complete the case being Sessions Case No.1032/2016, as expeditiously as possible and in any event within 12 months from the date of receipt of this order. 5.

Petition is accordingly disposed of on aforesaid terms. REVATI MOHITE DERE, J.