APPLN.5317-10 - 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 5317 OF 2010 Mohan Jaya Shetty ...Applicant Vs. State of Maharashtra ...Respondent *** Mr. S. V. Marwadi, for the Applicant. Mr. A. S. Shitole, APP for the Respondent-State. *** CORAM: V. M. KANADE J. DATE : DECEMBER 15, 2010 P.C. . Heard the learned counsel appearing on behalf of the applicant and the learned APP for the State. The applicant had filed an application before the Principal Judge, City Civil & Sessions Court for Greater Bombay for transferring the Sessions Case No. 189 of 2009 to the Court Mr. N. V. Bhos, Additional Sessions Judge, at Dindoshi, Dindoshi division on the ground that the learned Sessions Judge has recorded the evidence in the said case and when the matter was ready for final arguments, he was transferred to Dindoshi division. The Principal APPLN.5317-10 - 2 - Judge was pleased to reject the application for transferring the case on the ground that it was not possible to transfer the case from one division to another division. In the interest of justice, it would be appropriate if the case is transferred to Mr. N. V. Bhos, the Additional Sessions Judge at Dindoshi, Goregaon, since he had heard the matter and recorded the evidence of the prosecution witnesses and has also recorded the statement of the accused under S. 313 Cr. P. C. He, therefore, has the benefit of evidencing the demeanor of the witnesses and would be in a position to decide the case. The impugned order, therefore, is set aside. The application is allowed and the Principal Sessions Judge, City Civil and Sessions Court, Bombay is directed to transfer the Sessions Case No. 189 of 2009, pending on the file of the Special Judge, Mumbai to the Court of Mr. N. V. Bhos, Additional Sessions Judge, Dindoshi division.. The criminal application is therefore, allowed and disposed of in terms of prayer clause 10(b). [ V. M. KANADE J.]