Sandip Tukaram Sawant vs State Of Gujarat
2022 Latest Caselaw 1311 Guj

   R/CR.MA/2255/2022                           ORDER DATED: 04/02/2022



          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

        R/CRIMINAL MISC.APPLICATION NO. 2255 of 2022
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                   SANDIP TUKARAM SAWANT
                            Versus
                      STATE OF GUJARAT
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Appearance:
MR GAJENDRA P BAGHEL(2968) for the Applicant(s) No. 1
MR PARAG M KULKARNI(7777) for the Applicant(s) No. 1
MS SHRUTI PATHAK, ADDL. PUBLIC PROSECUTOR for the Respondent
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  CORAM:HONOURABLE MR. JUSTICE A.J.DESAI

                         Date : 04/02/2022

                           ORAL ORDER

RULE. Learned APP waives service of notice of Rule on behalf of the respondent - State of Gujarat.

This is successive application under Section 439 of the Code of Criminal Procedure, 1973 seeking to release him on regular bail in connection with an FIR being I-CR No.111/2013 registered with Chowkbajar Police Station, Surat for the offences punishable under Sections 302, 307, 143, 147, 148, 149, 506(2), 120(B) of the Indian Penal Code, 1860 and section 25(1)(c) and 27(2) of the Arms Act and Section 135 of the Gujarat Police Police Act, mainly on the ground that the trial has not concluded though offence is of the year 2013 and the applicant is behind the bars since September, 2013.

On query being put, learned advocate Mr. Gajendra Baghel appearing for the applicant states that though only two to three witnesses are to be examined by the prosecution, there is no progress at all in the trial. He would further submit that by an

R/CR.MA/2255/2022 ORDER DATED: 04/02/2022

oral order dated 22.09.2017 passed in Criminal Misc. Application No.2236/2017 filed by co-accused, this Court directed the concerned learned Sessions Judge to expedite the hearing of trial and conclude the same, however there is no progress.

In view of the above fact, the concerned learned Sessions Judge, Surat is hereby directed to immediately conclude the trial of Sessions Case No.189/2014 and shall not adjourn the matter unless there is genuine reason shown by either of the parties. The learned Sessions Judge, Surat who is in-charge of Sessions Case No.189/2014 is hereby directed to conclude the trial and pronounce the judgment latest by 14.04.2022.

With above direction, present application is disposed of. Copy of the present order shall be sent forthwith to the learned Sessions Judge, Surat, who is in charge of Sessions Case No.189/2014. Rule is hereby discharged.

(A.J. DESAI, J.)

Ajay