The main legal principle established is the importance of ensuring a fair and impartial trial, considering the impact of biased media coverage, interference, and a hostile atmosphere on the administration of justice.

1. Both these applications can be conveniently disposed of by this common order, as the applicants in both the applications are the accused in one and the same case i.e. Sessions Case No.357/2011 pending before the Court of Sessions at Ahmednagar. Both the applications have been made by different accused in the said case praying that the said case be transferred to any other Court of Sessions in any other Sessions Division. The grounds on which the prayer for transfer, as contemplated under Section 407 of the Code of Criminal Procedure (hereinafter referred to as “the Code”), is made are also the same in both the applications, viz. ‘that a fair and impartial trial cannot be had in any Court of Sessions in the Ahmednagar Sessions Division’, and that, ‘it is expedient for the ends of justice that the case be transferred for trial to a Court outside Ahmednagar Sessions Division.’

2. For comprehending the basis on which the claim ‘that a fair and impartial trial cannot be had in the Court of Sessions at Ahmednagar’, and that, ‘it would be in the interest of justice to transfer the case to another Sessions Division’, has been made, a reference to the facts of the case would be necessary.

3. The case relates to the unnatural death of one Ashok Lande. On 19.05.2008 Umesh Lande the brother of the deceased Ashok Lande lodged a report with the police, on the basis of which, a case in respect of offences punishable under Section 279 of the Indian Penal Code (IPC) and section 304A of IPC, as also the offences punishable under the Motor Vehicles Act was registered against an unknown offender. The case was to the effect that Ashok was given a dash by some unidentified vehicle causing injuries to him, which resulted in his death. After investigation, the police submitted an “A” Summary report, which was accepted by the learned Magistrate on 02.02.2009.

4. On 09.09.2009, the first informant Shankarrao Raut lodged a complaint before the Judicial Magistrate, First Class, Ahmednagar alleging that actually the said Ashok was murdered by some persons, and that, it was not a case of a dash given by a vehicle, but was a case of assault and killing. On this complaint, the learned Magistrate ordered investigation, as contemplated under Section 156(3) of the Code. A fresh First Information Report alleging commission of offences punishable under section 302 of IPC, section 201 of IPC, section 120B of IPC, etc., read with section 34 of IPC came to be registered. After investigation, a charge-sheet has been filed against the applicants and some others.

5. When the transfer applications appeared before this Court, it was noticed that the first informant Shankarrao Raut had sent a communication to the Registry of this Court, by fax, praying that he be heard in the matter. Accordingly, the Registry was directed to give a notice of the date of hearing of the applications to the said Shankarrao Raut, who subsequently appeared and made an application for intervening in the matter. He was permitted not only to assist the learned Additional Public Prosecutor in opposing the transfer applications, but also to make submissions through his counsel. Even after his counsel had been heard in the matter, he himself was also permitted to make submissions, in person, opposing the transfer applications.

6. I have heard Mr. R.N. Dhorde, the learned Senior Counsel for the applicants in Criminal Application No. 6324/2013. I have also heard Mr. N.V. Gaware, the learned counsel for the applicants in Criminal Application No.6323/2013. I have heard Mr. N.B. Narwade, the learned counsel for the First Informant Shankarrao Raut – the intervenor as also the intervenor himself, as aforesaid.

7. Mr. Dhorde as well as Mr. Gaware, both submitted that the applicants are responsible people and have high status in the society. It is submitted that the applicant no.1 in Criminal Application No.6323 of 2013 is an Ex-Mayor of Ahmednagar Municipal Corporation and a sitting Corporator. That,