1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (BA) No. 136/2011 ( Montu @ Yogendra Narayan Varma .vs. State of Mah. Through Pso PS Virur, Tahsil Rajura, Dist. Chandrapur ) with CRIMINAL APPLICATION (BA) No. 137/2011 ( Lalit Ramesh Prabhawat .vs. State of Mah. Through Pso PS Virur, Tahsil Rajura, Dist. Chandrapur ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. R.M. Daruwala, Advocate for Applicant in BA No. 136/2011 Mr. Shriniwas Deshpande, Advocate for Applicant in BA No. 137/2011 Mr. S.S. Doifode, APP for Respondent. .......... CORAM : P.D. KODE, J. DATED : MARCH 28, 2011 Heard. By these applications, the applicants/accused charge sheeted by Virur Police Station as a result of investigation of Crime No. 20/2009 registered for offence under Sections 302, 364, 120-B and Section 3/25 of Arms Act, have prayed for framing charge in the case i.e. for deciding the same early or granting them bail etc. The said crime was registered for a double murder i.e. of one Advocate Pradip Nalamwar and Vijay Bisne 2 allegedly committed by the accused persons in pursuance of conspiracy hatched by them with landlord and one contract killer i.e. allegedly Abdul Raji. Upon the learned APP pointing out that request for bail made by the applicant in B.A.No. 136/2011 was not upheld by the Bench presided over by Hon’ble Mr. Justice A.H. Joshi for the reasons recorded in the order dated 1.4.2010 and that of the applicant in B.A. No. 137/2011 by the Bench presided over by Hon’ble Mr. Justice P.B. Varale for the reasons recorded in the order dated 24.9.2010 and hardly there being any change in the fact situation, both the learned counsel have requested for expediting the trial and making it time bound for serving the ends of justice. Since the every accused in custody has a right to have speedy trial and both the applicants are in custody since 7.9.2010 or thereabout, the request deserves consideration. Needless to add that the learned APP upon taking instructions from the Special Public Prosecutor Mr. Y.B. Mandpe, who is present in the Court, has informed that the case is fixed for framing of charge on 6.4.2011 and the prosecution is ready to go with the matter and as such there is no hindrance for expeditious disposal of the said appeal. The learned APP however, states that the accused persons are trying to protract the trial by making number of applications including that of transfer of case. Having regard to the same and particularly there being no change in the fact situation, though prayer for bail made by both the applicants is hereby rejected, the learned Sessions Judge, Chandrapur seized with the trial arising out of 3 Crime No. 20/2009 of Virur Police Station is directed to commence and complete the said sessions case as expeditiously as possible and in any event within a period of nine months from today. Both the parties are also directed for giving necessary cooperation for disposal of the said case within the period specified. Both the applications stand disposed of accordingly. The fees of the learned advocate is quantified at Rs.750/- each. Both these applications preferred by the accused in custody though were received by post during the first half of December, 2010, however, the same are placed before this Court for the first time in the month of March, 2011. Hence Registrar is directed to make an inquiry regarding the reasons because of which the applications were listed after prolong period. The Registrar to submit the report within a week regarding occurring of such inordinate delay in listing the matters. JUDGE halwai