Sardulsingh Amarsingh Fouji And ANR v. The State Of Maharashtra

1 Cr. Appln. 3819/2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3819 OF 2016 Sardulsingh Amarsingh Fouji and anr.

.. Applicants Vs.

The State of Maharashtra and ors.

.. Respondents ---- Mr. G.D. Jain, Advocate for the applicants Mr. S.D. Ghayal, APP for the respondent/State ---- CORAM : N.W. SAMBRE, J.

DATE : 27/07/2016 ORAL ORDER :

Heard.

2.

Perused the communication issued by the applicants to the Registrar, High Court of Bombay, Bench at Aurangabad, seeking transfer of the trial being Sessions Case No. 26 of 2014 punishable under section 302 r/w. 34 of the Indian Penal Code from the Court at Biloli, to any other Court, on the pretext that they may not get justice from the said Court, as the Presiding Officer is of conviction mind. In my opinion, the same cannot be a reason for considering the prayer for transfer moved before this Court, particularly as is

2 Cr. Appln. 3819/2016 contemplated under section 407 of the Code of Criminal Procedure. No case for grant of prayer is made out. The Application as such is rejected.

3.

Since Mr. Gajendra D. Jain, Advocate is appointed to represent the applicants/accused, payment of professional fees to be paid to learned counsel, is quantified to Rs.3,500/- (Rs. Three Thousand Five Hundred), to be paid by High Court Legal Services Sub Committee at Aurangabad.

[N.W. SAMBRE] JUDGE arp/