Uday Gagan Mandal v. State Of Maharashtra
Digitally signed by SHAGUFTA QUTBUDDIN PATHAN Date:
2024.07.02 11:37:38 +0530 SHAGUFTA QUTBUDDIN PATHAN
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 196 OF 2024 Uday Gagan Mandal ... Petitioner
Versus
The State of Maharashtra ... Respondent Ms. Shalaka Karkar i/b Siddh Vidya & Associates, Appointed Advocate for the Petitioner Mrs. P. P. Shinde, A.P.P for the Respondent-State Jailor, Group-II Mr. Balasaheb Palave, from Thane Central Prison, is present CORAM : REVATI MOHITE DERE & SHYAM C. CHANDAK, JJ.
FRIDAY, 28 th JUNE 2024 P.C :
Heard learned counsel for the parties.
By this application sent through jail, the applicant seeks expeditious disposal of his case i.e. Sessions Case No. 1/3
190/2015 which is pending before the 10th Court, Dindoshi Court, Mumbai.
It appears that the petitioner is languishing in jail for almost 9 years and that till date, only 4 out of 22 witnesses have been examined by the prosecution. The right to speedy trial is a fundamental right of an accused and as such the trial of the petitioner ought to be complete expeditiously. Considering that the petitioner is languishing in jail for 9 years, the trial of the petitioner is expedited. The learned Judge seized of Sessions Case No. 190/2015, to conduct the trial of the said case on day-to-day basis and decide the case of the petitioner as expeditiously as possible.
The learned A.P.P assures that the witnesses to whom summons are issued, will be kept present on the dates as directed by the trial Court. She also assures to this Court that the 2/3
petitioner will be produced either physically or through videoconferencing. The petitioner with whom we interacted through video-conferencing, assures us that his advocate will remain present before the leaned Judge and will cooperate in the expeditious disposal of the case.
Accordingly, the petition stands disposed of on the aforesaid terms.
SHYAM C. CHANDAK, J.
REVATI MOHITE DERE, J.
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