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2015 Supreme(Bom) 1339

A.R.JOSHI
Mehendi Qasim Sheikh – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
Ms Apeksha Vora, Advocate for the Applicants.
Mrs. P.P. Bhosale, APP for the State.

Judgment :

1) Heard learned appointed Counsel for the applicant original accused in Sessions Case No. 290/2011.

2) Initially, present application was filed as a Criminal Revision Application No. 350 of 2015. However, this Court vide order dated 31st July, 2015 directed the present application to be registered as an application under section 407 of Cr.P.C. Said order was passed by this Court (Coram M.L. Tahaliyani, J). Thereafter, the present application was required to be numbered as Criminal Application No. 468 of 2015. Earlier on hearing the learned appointed Counsel, an adinterim relief was granted by this Court on 31st July, 2015 directing the trial Court not to proceed further with the matter.

3) The present application for transfer is mainly on the ground that the concerned trial Court is bias and the Trial Court not following due procedure of law during the trial. The arguments were heard at length on the earlier date i.e. 25th August, 2015 and when the matter was taken up for dictating the order, the learned appointed Counsel prayed for time to get instructions from the family members of the applicant no.1 whether to withdraw the application and / or to proceed further in th














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