Dayashankar Sahu, Presently In Judicial Custody At Central Jail Colvale v. State Of Goa, Thr. The Public Prosecutor

1-WPCR-11-22.DOC Vinita

IN THE HIGH COURT OF BOMBAY AT GOA.

CRIMINAL WRIT PETITION NO.11OF 2022.

DAYASHANKAR SAHU, PRESENTLY IN JUDICIAL CUSTODY AT CENTRAL JAIL COLVALE VS STATE OF GOA, THR. THE PUBLIC PROSECUTOR

...Petitioner.

...Respondent.

Mr. R. Noronha, Advocate for the petitioner. Mr. P. Faldessai, Addl. Public Prosecutor for the respondents.

CORAM:

MANISH PITALE, J.

Date:

21st FEBRUARY, 2022 P.C.

Heard Mr. R. Noronha, learned Counsel appearing for the petitioner and Mr. P. Faldessai, learned Addl. Public Prosecutor appearing for the respondent/State.

2.

This Writ Petition is listed for the first time for hearing before this Court, but since the learned Addl. Public Prosecutor has appeared on behalf of the State, it is taken up for hearing and disposal.

3.

By this petition, the petitioner is seeking expeditious disposal of a trial that he is facing for the offence under Section 302 read with Section 34 of the IPC. The First Information Report in the present case was filed on 7.8.2018 and chargesheet was

1-WPCR-11-22.DOC filed on 3.11.2018. It is matter of record that charge was framed in present case on 27.6.2019 and chargesheet shows that prosecution intends to examine 62 witnesses. It appears that after framing of charge, trial has not proceeded and the witnesses have not been examined.

4.

COVID-19 pandemic having hit the nation in March, 2020, is a factor which cannot be ignored. At the same time, with the change in the situation concerning the pandemic, the concerned court can be expected to proceed further in the matter. It is matter of record that bail application of the petitioner was rejected by this Court on 9.3.2021.

5.

In view of the above circumstances, the Court of District Judge-I and Additional Sessions Judge, Mapusa is directed to conduct the trial proceedings in the present case as expeditiously as possible. The aforesaid Court is expected to complete the trial proceedings and to render judgment by 31.3.2023. 6.

Writ Petition stands disposed of.

MANISH PITALE J.