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Bombay High CourtWP/3034/2024allowed

Yusuf Mehmood Shaikh v. State Of Maharashtra

2024-08-26Hon'Ble Shri Justice Shyam C. Chandak2 pages

Jyoti 9-WP-3034-24 & 3081-24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 3034 OF 2024 Yusuf Mehmood Shaikh .. Petitioner v/s.

State Of Maharashtra .. Respondent ALONGWITH WRIT PETITION NO. 3081 OF 2024 Yusuf Mehmood Shaikh @ Bichhu .. Petitioner v/s.

State Of Maharashtra .. Respondent Mr. Omneel A. Jadhav (Appointed Advocate) for the Petitioner. Ms. P.P.Bhosale, APP for the Respondent-State. CORAM : SHYAM C. CHANDAK, J.

DATE : 26th AUGUST, 2024.

P.C. :

1) Writ Petition No.3081 of 2024 is not on board. Upon mentioning, taken on board as it is identical to the Writ Petition No.3034 of 2024.

1.1) Rule. Rule is made returnable forthwith and taken up for final hearing with the consent of parties.

2) Present Petitions are letters, addressed to this Court by the Petitioner, through jail. In view of the Petitions, learned appointed JYOTI RAJESH MANE Advocate submitted that, the Petitioner is in jail since his arrest on 5th March 2017, in Crime No. 391 of 2016 under Section 307 r/w 34 Indian by JYOTI RAJESH MANE Date: 2024.08.28 18:25:06 +0530 1/2

Jyoti 9-WP-3034-24 & 3081-24.doc Penal Code registered with Mahim Police Station, Mumbai. The Petitioner seeks expeditious hearing and disposal of the Sessions Case No. 386 of 2017, arising out of aforesaid crime, on the ground of his long incarceration.

3) Learned APP states that looking at the period of incarceration, the trial of the Sessions Case may be expedited. 4) In view thereof, the Petitions deserve to be allowed and disposed of accordingly. Hence, following order: - ORDER - i) Both the Writ Petitions are allowed.

ii) The learned Additional Sessions Judge, 37th Court, Mumbai, is requested to dispose of the Sessions Case No. 386 of 2017 as early as possible.

iii) Writ Petitions are disposed of in the aforesaid terms. iv) Rule is made absolute.

(SHYAM C. CHANDAK, J.) 2/2