Bombay High CourtWP/1311/2015disposed off

Sitaram Shankarrav Kharade And ORS v. The State Of Maharashtra And ANR

2016-02-15Hon'Ble Shri Justice M.T. Joshi3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.1311 OF 2015 Sitaram Shankarrav Kharade and ors.

..Petitioners

Versus

The State of Maharashtra and anr.

..Respondents -- Mr.D.B.Thoke, advocate for petitioners Mr.A.R.Kale, A.P.P. for respondent no.1 - State Mr.K.N.Shermale, advocate for respondent no.2 -- CORAM : M.T. JOSHI, J.

DATE : FEBRUARY 15, 2016 PER COURT :

Heard both sides.

2] Rule. Rule made returnable forthwith. Heard finally by consent of the parties.

3] The petitioners pray for transfer of Sessions Case No.36 of 2015 pending on the file of learned Addl. Sessions Judge, Sangamner, District

2 12-crwp1311-15.odt Ahmednagar to the Sessions Court outside the Ahmednagar District. Learned counsel for the petitioners relies on the ratio laid down in the case of Rajendra Gandhi Vs. State of Maharashtra, 1989(1) Bom. C.R.337.

4] Learned counsel for respondent no.2 opposes the petition. He relies on the ratio laid down in the cases of (i) Sarika d/o. Dinesh Rathi Vs. State of Maharashtra and ors., 2007(2)Mh.L.J. (Cri.) 1152 and (ii) Captain Amarinder Singh Vs. Parkash Singh Badal and ors., 2009(4)Mh.L.J. (Cri.) 15.

5] Having considered the peculiar fact that the present petitioners are being tried for the offences punishable under Section 306 read with 34 of Indian Penal Code and also Sections 7 and 13 of the Prevention of Corruption Act, finding that the deceased was an Advocate and according to the petitioners, though they have engaged a senior

3 12-crwp1311-15.odt Advocate from Nashik, they are under pressure as all the members of the bar gather in the Court at Sangamner during hearing of the trial, in my view, considering the convenience of the parties involved and to have a trial in a free and fair manner, Sessions Case No.36 of 2015 pending on the file of the learned Addl. Sessions Judge, Sanganmer, Dist. Ahmednagar deserves to be transferred to the Sessions Court of Kopargaon, District Ahmednagar, which is about 50 kms. away from Sangamner.

6] Hence, the following order :- A] Present petition is allowed.

B] Sessions Case No.36 of 2015 pending on the file of the learned Addl. Sessions Judge, Sanganmer, Dist. Ahmednagar is hereby withdrawn and transferred to the Court of learned Addl. Sessions Judge, Kopargaon, Dist. Ahmednagar.

[M.T. JOSHI, J.] kbp