Vijay Govind Rao v. The State Of Maharashtra

1/2 8-BA.2735.2014.doc nsc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.2735 OF 2014 (Through Jail) Vijay Govind Rao ...

Applicant V/s.

The State of Maharashtra ...

Respondent Ms.Farida Najmi i/b Ms.Murtaza Najmi, Advocate appointed for the Applicant.

Mr.S.H.Yadav, APP for the State.

Police Naik, Mr.Shashikant R. Patil, PNI No.3171 of Kasa Police Station. CORAM :

REVATI MOHITE DERE, J.

DATED :

17th FEBRUARY, 2015.

P.C.

1.

Heard learned counsel for the parties.

2.

This is an application through jail wherein the applicant seeks bail in connection with C.R.No.11 of 2012, registered with the Kasa Police Station, Thane, for the alleged offences punishable under Sections 395, 342 and 325 of the Indian Penal Code.

3.

Learned APP states on instructions of the Investigating Officer, who is present in the Court today, that in the present case the trial has commenced, charge has been framed and five witnesses have been examined till date. Learned APP further states that the case could not proceed after 13th November, 2014, as the Additional Sessions Judge

2/2 8-BA.2735.2014.doc before whom the applicant's case i.e. Sessions Case No.51 of 2012, was being tried, has retired and therefore the Court is vacant. 4.

Since, five witnesses have already been examined, it will be appropriate to direct the District Judge -1 and Additional Sessions Judge, Palghar to assign the Sessions Case No.51 of 2012, to any other Court, so that the trial can be completed expeditiously. 5.

Accordingly, the Application is disposed of with the aforesaid direction.

6.

Registry to communicate this order by fax to the District Judge -1 and Additional Sessions Judge, Palghar. A copy of the said order also to be forwarded by the Registry, to the applicant who is lodged in Thane Central Prison, Thane.

7.

Parties to act upon the authenticated copy of this order. (REVATI MOHITE DERE, J.)