Bombay High CourtBA/847/2017others disposed off

Raju @ Ramesh S/O. Jyotiram Giri (In Jail) v. State Of Maharashtra Thr. P.S. Katol

2017-11-08Hon'Ble Shri Justice Z.A. Haq2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO.847/2017 Raju @ Ramesh S/o Jyotiram Giri ..Vs..

State of Maharashtra, through P.S. Katol - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms. Sheetal Deshpande, Advocate for the applicant. Shri N.R. Patil, A.P.P. for the non-applicant / State. CORAM : Z.A. HAQ, J.

DATE : 8.11.2017.

The learned Advocate for the applicant seeks permission to withdraw the application.

The learned Sessions Judge is reminded of the judgment given by the Hon'ble Supreme Court in the case of Hussain and another V/s. Union of India reported in AIR 2017 SC 1362 requiring the completion of trial within stipulated time.

By order dated 3rd November, 2017 passed by this Court, the non-applicant was directed to file an affidavit pointing out the steps taken by the non-applicant to secure the presence of accused No.6 at the trial and also to point out the steps taken by it against the surety / sureties. The non-applicant was also directed to point out whether the applicant can be tried separately.

An affidavit sworn by Shri Sheshrao Kisanrao Rathod, P.S.I., Police Station Katol, Nagpur is filed pointing out the steps taken for securing the presence of accused No.6 and also to find out the sureties. It is further stated that the

2 ba847.17 trial of the present applicant Raju @ Ramesh Jyotiram Giri can be separately held.

The copy of affidavit shall be placed by the A.P.P. before the Sessions Court.

The Sessions Court shall pass appropriate orders and call for detailed report regarding the steps taken by the prosecution against the accused No.6 and the surety / sureties. The Sessions Court shall also examine the submission made on behalf of the prosecution that the trial of applicant Raju @ Ramesh Jyotiram Giri can be separately held.

With the above observations, the criminal application is disposed as withdrawn.

JUDGE Tambaskar.