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Bombay High CourtBA/405/2016rejected

Santosh Dhanraj Kaitwas (In Jail) v. State Of Maharashtra, Thr. P.S.O. Badnera, Amravati

2016-09-06Hon'Ble Shri Justice Sunil B. Shukre3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Criminal Application [BA] No.405 of 2016 (Santosh Dhanraj Kaitwas vs.

State of Maharashtra, through P.S.O. Badnera, District Amravati) =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri P.V. Navlani, Advocate for the Applicant. Shri S.J. Kadu, A.P.P. for the Non-Applicant/State.

CORAM

: S.B. SHUKRE, J.

DATE : 6 th SEPTEMBER, 2016.

Heard the learned Counsel for the applicant and the learned A.P.P. for the State.

Perused the report of District Judge-3 and Additional Sessions Judge, Amravati, dated 22/07/2016, which is very cryptic. Though law prefers brevity, the brevity should not be of the nature and extent as not to offer any assistance to the Court. I think, the report dated 22/07/2016 falls in the category that it does not offer any assistance to this Court to decide the matter properly. It is only stated that the matter is fixed for final argument of defence on 22/07/2016. If a reference to the previous dates and events had been made, this Court would have been in a better position to effectively hear the plea of the applicant and decide the application properly. But that does not seem to be possible now and another effort to call for the report

2/3 from the concerned Sessions Court, it is feared, is likely to meet the same fate. Therefore, it is appropriate that the report so submitted is accepted as it is and suitable directions issued. In the circumstances, I am of the view that since the matter is pending at the final stage of disposal, it would be appropriate that the direction is issued to the concerned Sessions Court for hearing the arguments fully and closing the case for judgment within a fixed period of time.

However, it is directed that the concerned Sessions Court shall fully hear the argument within 15 days from the date of receipt of the order and then shall dispose of the same in accordance with law. The prayer for grant of bail is rejected. The other prayer for grant of early hearing is granted by partly allowing this application.

The application is disposed of accordingly.

JUDGE *sdw

3/3 C E R T I F I C A T E I certify that this order uploaded is a true and correct copy of the original signed order.

Uploaded by: S.D. Waghmare Uploaded on : 0/08/2016 P.A. to the Hon'ble Judge.