Babu Kashinath Dasari @ Lal Babu v. State Of Maharashtra

Yadav V.G. 1 22.ba.2608.16.odt.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2608 OF 2016 Mr. Babu Kashinath Dasari @ Lal Babu .... Applicant/Accused

Versus

State of Maharashtra .... Respondent through Kasturba Marg Police Station.

Ms. Shabana F. Sothe i/b. S. P. Associates for Applicant/Accused. Mrs. P. P. Shinde, APP for Respondent/State.

Mr. Sohan Kadam, PSI, Kasturba Marg Police Station.

CORAM

:

SMT. SADHANA S. JADHAV, J.

DATE :

25TH JANUARY, 2017.

P.C.

.

The learned counsel for applicant seeks liberty to withdraw the application. Liberty as prayed for is granted in the interest of justice.

2.

The learned Sessions Court shall proceed with the trial forthwith without granting any unwarranted adjournments to the prosecution, but follow the procedure as contemplated by law. The Roznama shows that on 13th January, 2017 the witnesses were present. The accused Nos. 1 to 8 were not produced from Jail and that the prosecution had not filed all documents on record. The

Yadav V.G. 2 22.ba.2608.16.odt. matter was hence adjourned to 21st January, 2017. The learned counsel for the applicant submits that on 21st January, 2017 the complainant was present in the court and the prosecution has filed the postmortem notes, injury certificates and CA reports on record. It is clear that the trial is being protracted at the behest of the prosecution.

3.

The learned Sessions Judge seized with Sessions Case No. 165 of 2014 shall not grant unwarranted adjournments to the prosecution and on the next scheduled date shall proceed with the recording of evidence and make every endeavour to expedite the trial, as far as possible.

(SMT. SADHANA S. JADHAV, J.)