Priyanka Pravin Sakpal v. The State Of Maharashtra And ANR

Osk 1-Apeal-213-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 213 OF 2021 Priyanka Pravin Sakpal ... Appellant V/s.

The State of Maharashtra & Anr.

... Respondents None for Appellant.

Mr.Ajay Patil, A.P.P. for Respondent-State.

CORAM : A. S. GADKARI AND PRAKASH D. NAIK, JJ.

DATE : 1st December 2022.

P.C. :

1.

Registry has received a communication dated 4th November 2022 from District Judge-1 and Additional Sessions Judge, Khed, District Ratnagiri seeking extension of further four months time to decide Special Case No. 2 of 2017.

2.

Record indicates that, by an Order dated 21st July 2022, this Court, at the request of learned Judge of the Trial Court had already granted extension of three months. By the present communication again extension of four months is sought. The reason given that, the learned Special Public Prosecutor appearing in the said matter attends the Court only on Friday cannot be accepted and appreciated. If the concerned Special Public 1/2

Osk 1-Apeal-213-2021.odt Prosecutor is overburdened with matters, the Trial Court is directed to make reference of the same to the State Government and get another Special Public Prosecutor appointed.

As noted earlier, despite granting extensions on earlier occasions the trial is not concluded.

3.

May that as it may.

In view of the communication dated 4th November 2022, we hereby extend the period to dispose of Special Case No. 2 of 2017 by three months from the date of receipt of the present Order. The Trial Court is directed to conduct trial of the said case on day to day basis and if the concerned Special Public Prosecutor is unable to cooperate with the Court, reasons for the same may be recorded in the Roznama/Order of that concerned date.

4.

Registrar (Judicial-II) is directed to communicate present Order to the learned Judge of the Trial Court.

[ PRAKASH D. NAIK, J. ] [ A.S. GADKARI, J. ] by OMKAR SHIVAHAR KUMBHAKARN Date:

2022.12.03 14:40:55 +0530 OMKAR SHIVAHAR KUMBHAKARN 2/2