Pramodkumar Bhaichand Raisoni ... vs State Of Maharashtra, Through Its ...
2021 Latest Caselaw 9075 Bom

apl799.14+                                                                                                  1
                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               NAGPUR BENCH : NAGPUR


                      CRIMINAL APPLICATION (APL) NO. 799/2014 (D)
                                   (Anjali G. Sant & ors. vs. State & anr.)
                                         AND
                      CRIMINAL APPLICATION (APL) NO. 800/2014 (D)
                             (Pramodkumar B. Raisoni & ors. vs. State & anr.)
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Office Notes, Office Memoranda of Coram,                             Court's or Judge's orders
appearances, Court's orders or directions
and Registrar's orders
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                              Shri T.A. Mirza, learned APP for the State

                                                ********
                              CORAM : V.M. DESHPANDE & AMIT B. BORKAR, JJ.

JULY 12, 2021

1] Today these proceedings are placed before the Court seeking orders in view of the request letter dated 11/06/2021 given by learned Additional Sessions Judge and Judge, Special Court (MPID) Act, Jalgaon.

2] Criminal Application (APL) Nos. 799/2014 and 800/2014 were disposed of by a common judgment dated 15/02/2021. While dismissing the applications, this Court (Coram : Z.A. Haq & Amit B. Borkar, JJ.) directed the Special Court to take up the prosecution on day-to-day basis and directed to conclude the case till 15/06/2021.

3] In the request letter dated 11/06/2021, the learned Judge submitted that in Crime No. 230/2014 till today even the charge-sheet is not filed, therefore, the trial could not be started.

ANSARI

4] Insofar as Crime No. M5/2014 which is registered as MPID Special Case No. 35/2019 is concerned, the charge is framed, however, the learned Judge has pointed out that due to the lock-down, the Courts working are not regular. So also, the Jail Authorities are exempted from producing the accused from jail to the Court and also the advocate for the accused are absent. In the letter, the learned Judge has also submitted that in Writ Petition No. 2784/2018, the High Court has ordered to transfer in all 77 criminal cases from various Courts of Maharashtra and directed to club all the offences. Therefore, according to the learned Judge, now 80 cases are pending before him and those are kept together.

5] In the letter, it is further stated that there are 42770 victims and the deposits to the society is about Rs. 1100 crores. The learned Judge has pointed out that presently the prosecution has cited 4722 witnesses. He has further pointed out that the audit report is voluminous and the record is bulky. In view of this, the learned Judge has requested for relaxing the directions.

6] In view of the aforesaid data furnished to this Court by the learned Judge, we are of the view that this is not a case wherein the matters can be decided within the time frame as directed in the judgment dated 15/02/2021.

ANSARI

7] Therefore, we pass the following order :-

(a) The request submitted by the learned Judge is accepted.

(b) Though the learned Judge shall make all the efforts to decide all the cases as early as possible, we are not fixing any outer time limit for deciding the same.

                                          (JUDGE)                            (JUDGE)




ANSARI