appln4831­10.sxw jpc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO 4831 OF 2010 Shrimant Ishwarappa Kore .. Applicant Versus State of Maharashtra and others .. Respondents Mr. M. S. Mohite, i/by Priyal G. Sarda for the Applicant Ms. M.R. Tidke, APP for Respondent No.1 Mr. A.P. Mundargi, Senior Counsel, i/by S.M. Sabrad for Respondent Nos. 2 to 30 Mr. V. V. Purwant for the original accused CORAM : J.H. BHATIA, J. DATE : 26th April, 2011. P.C.: 1. This application is moved by one Mr. Shrimant Ishwarappa Kore, who is brother of deceased Bhimashankar Kore, for transfer of Sessions Case No.65 of 2010 pending on the file of Additional Sessions Judge Mr. A. R. Tiwari. Several allegations have been made about political and other circumstances as well as about harsh treatment given by the learned Judge to the prosecution witnesses, who could not come to the court on a particular date. 2. Mr. Mundargi, learned senior counsel for the respondent- accused, while not admitting the allegations, concedes that, in view of the alleged apprehension in the mind of the applicant and 1 appln4831­10.sxw other relatives of the victim and in the interest of fair trial, if the matter is transferred to any other Judge of the same Sessions, he will have no objection. After some discussion at the Bar, without entering into the truth or otherwise of the allegations made in the application, in the interest of justice, the application is disposed of with the following directions: Sessions Case No. 65 of 2010 is hereby withdrawn from the file of Additional Session Judge Mr. A. R. Tiwari and the learned District and Sessions Judge Solapur is directed to make over the said case to any other Additional Sessions Judge or to retain with himself, for trial and disposal as per law. ( J. H. BHATIA, J. ) 2