1 IN THE HIGH COURT OF JUD ICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 61 /2010 [ Rajesh @ Raju Sudhakar Dushettiwar vs. vs. State of Maharashtra ) ..................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... Mr. A R Wagh Adv. for applicant Mr S B Ahirkar APP for Respondent .......... CORAM : A.P.BHANGALE, J. DATED : FEBRUARY 18, 2010. Heard. 2 It appears from the report that the learned Addl. Sessions Judge-2, Chandrapur has expressed his helplessness on account of non-cooperation by the prosecution in the matter of production of muddemal property. According to learned trial Judge muddemal property has not been produced in the trial Court and the case depends upon the alleged fake currency notes seized from the accused. Naturally, the witnesses concerned will have to depose with reference to muddemal property which is to be produced in the trial Court. The trial has been delayed on account of lapses on the part of the Investigation Officer/s to produce muddemal property in the trial Court. That being so, for such lapses on the part of the I. O. or agency, the trial is delayed indefinitely. It would be unreasonable to expect the applicant /accused to remain behind the bars for an indefinite period when trial cannot see the light of the day although expected. 2 Under these circumstances, the applicant is entitled to be released on bail. He shall be released in respect of Crime No. 303/2008 registered at Ramnagar Police Station, Chandrapur, upon executing PR bond in the sum of Rs. 25,000/- with one or more surety in the equal amount; with further conditions that he shall attend the trial on each date of hearing, shall not tamper with the evidence in any manner and shall not commit any crime while on bail. He shall inform his fixed/ permanent address with phone /cell no. to the IO and also to the Presiding Officer of the trial Court. 3 This Court by order dated February 5, 2010 called for explanation from the concerned Judge as to why the order was not obeyed in its letter and spirit; in response to which the report dated 16/2/2010 is submitted by learned Additional Sessions Judge Chandrapur wherein as stated above, he has expressed his helplessness on account of non-cooperation by the prosecution in the matter of production of muddemal property. 4 A copy of this order be sent to the Principal Secretary, Home Department of State of Maharashtra Mantralaya, Mumbai -32 as well as the Superintendent of Police Chandrapur, so that necessary enquiry be made against the Investigating Officer/s concerned. 5 Learned APP to send copy of this order for information to Principal Secretary of the Home 3 Department of the State of Maharashtra as well as S.P. Chandrapur District. 6 Humdast allowed. 7 Steno copy of this order be supplied to the learned APP, free of cost. JUDGE sahare