Bombay HC: Prosecution must examine the witnesses, who have no concern with the C.A. report and muddemal property if C.A. report and muddemal property is not received

  It is really surprising that since 2020, the prosecution could not secure the muddemal and C.A. report and seeking the time to open the trial. It also appears wrong practice to discharge the lawyer defending the accused at eleventh hour. The lawyer should intimate the Court well in advance about withdrawing the powers. The accused appears to have been unnecessarily languishing in jail. The Trial Court is directed to call for the Chemical Analysis report within a given time. The prosecution has to examine the witnesses, who have no concern with the C.A. report and muddemal property. So, at least there shall be some progress. Learned Principal District Judge, Aurangabad to take care of and examine such witnesses, having no concern with C.A. report and muddemal. {Para 2}

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH

AT AURANGABAD

908 BAIL APPLICATION NO.1671 OF 2022

VEDPRAKASH RAMNATH THAKUR Vs THE STATE OF MAHARASHTRA

CORAM : S. G. MEHARE, J.

DATE : 28.06.2023

PER COURT :-

1. Perused the application of the learned Principal District Judge and Sessions Judge, Aurangabad for extension of time to complete the trial.

2. It is really surprising that since 2020, the prosecution could not secure the muddemal and C.A. report and seeking the time to open the trial. It also appears wrong practice to discharge the lawyer defending the accused at eleventh hour. The lawyer should intimate the Court well in advance about withdrawing the powers. The accused appears to have been unnecessarily languishing in jail. The Trial Court is directed to call for the Chemical Analysis report within a given time.  prosecution has to examine the witnesses, who have no concern with the C.A. report and muddemal property. So, at least there shall be some progress. Learned Principal District Judge, Aurangabad to take care of and examine such witnesses, having no concern with C.A. report and muddemal. In the circumstances, nine (9) months time is extended to conclude the trial.

3. Application stands disposed of.

4. Office to inform the concerned Court accordingly.

(S. G. MEHARE, J.)

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