The High Court ordered the Additional Sessions Judge to complete a pending criminal trial on a day-to-day basis. It directed the prosecution to produce the accused and witnesses promptly, imposing a ₹2,000 cost for delays.
Order for expediting trial; Rs. 2,000 cost for failure to produce accused.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRI. WRIT PETITION NO. 1168 OF 2009
Baba Gabriel Huns Maben ...Petitioner
Versus
The State of Maharashtra & Anr. ...Respondents
Mr. S.N. Bhosale (appointed) for the Petitioner
Mr. D.P. Adsule, Additional Public Prosecutor, for the State.
CORAM : B ILAL NAZKI and A.R. JOSHI, JJ. DATE : SEPTEMBER 10, 2009
P.C. :-
It appears from the report of the learned Additional Sessions Judge that there are two cases pending against the petitioner before the Court, one case being Sessions Case No. 218 of 1999. It appears that in this case after examination of 26 witnesses, the Special Public Prosecutor had filed an application
praying for calling confession of accused before the police officer from TADA Court. This application was rejected and the Special
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Public Prosecutor approached the High Court in a revision and Writ Petition, which were rejected by the High Court.
Judge to complete the trial of this case on a day-to-day basis.
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Evidence shall be produced by the Public Prosecutor on his own, and in case he needs any assistance of the Court, he shall file an application in advance, so that the case is not adjourned for non-appearance of the witnesses on any occasion.
produce the accused before the Court on each day of hearing. If the prosecution fails for any reason to produce the accused before the Court on the day of hearing, the prosecution shall pay costs of Rs.2,000/- (Rupees Two Thousand) for each of such delays to the accused persons.
BILAL NAZKI, J.
A.R. JOSHI, J.
2 issues framed by the court
How to expedite a criminal trial proceeding at a snail's pace.
Whether costs should be imposed on the prosecution for delays in producing the accused.
Baba Gabriel Huns Maben
The State of Maharashtra & Anr.
BILAL NAZKI
A.R. JOSHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
