.abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3924 OF 2007 ------------------------------------------------------------------------ Office Notes, Office Memoranda of : coram, appearances, Court’s Orders: Court’s or Judge’s orders or directions and Registrar Orders: ------------------------------------------------------------------------ Mr.G.V. Bhagat for the applicant. Mr.D.P. Adsule, A.P.P. for the State. CORAM : D.G. KARNIK, J. DATE : 16TH JANUARY 2008 P.C. P.C. P.C. : 1. After the application is heard for some time, learned counsel for the applicant sought leave to withdraw the application with a request that a direction be issued for expediting the trial. Learned counsel submitted that the applicant suffers from T.B. which is at an advanced stage. He further submitted that the applicant is innocent and if trial is expedited and the applicant is acquitted, the applicant would be in a better position to take treatment in a private clinic. He therefore submitted that the hearing of the trial may be expedited. - 2 - 2. Report of the Superintendent, Kalyan District Prison, a copy of which is annexed at page 13 of the compilation, does show that the applicant is suffering from T.B. Report further states that the applicant is being required to be taken to the hospital several times for being treated by expert medical officers in Rukminibai Hospital at Kalyan. Since the fact of serious illness of the applicant is not disputed, it would be appropriate to expedite the hearing of the trial. 3. In the circumstances, while permitting the applicant to withdraw the application, I direct that the hearing of the trial be expedited. The applicant is at liberty to move the Sessions Court for fixing the date of hearing. If such an application is made, the concerned court shall consider it appropriately taking into consideration the position of its board and the pendency of cases. (D.G. KARNIK, J.)