Hasan Wali Pathan v. The State Of Maharashtra

CAJ 47-Wp-3486-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3486 OF 2021 WITH INTERIM APPLICATION NO. 3766 OF 2022 Hasan Wali Pathan ... Petitioner V/s.

The State Of Maharashtra ... Respondent Ms. Shilpa Madki-Pawar for Petitioner.

Mrs. M. H. Mhatre APP, for Respondent-State.

CORAM : A.S. GADKARI AND PRAKASH D. NAIK, JJ.

DATE : 10th FEBRUARY, 2023.

P.C. :

1.

It is the grievance of Petitioner that, though the charge has been framed in his case i.e. Sessions Case No. 309 of 2015 in the year 2016, his trial thereafter did not progress. It is the fact on record that, the Petitioner was arrested on 20th October, 2015 and since then he is in jail. 2.

As the Petitioner is in jail as an under trial prisoner for last more than seven years, we direct the Additional Sessions Judge, Dindoshi seized of Sessions Case No. 309 of 2015 to expedite the case of Petitioner and to conclude the same within a period of one year from the date of receipt of present Order.

3.

Petition is allowed in the aforesaid terms.

4.

In view of disposal of Petition, Interim Application No. 3766 of 2022 does not survive and is also disposed off. (PRAKASH D. NAIK, J.) (A.S. GADKARI, J.) 1/1