Transfer applications must be considered based on their own facts, and the trial court should proceed expeditiously in accordance with the law.

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 the matter pending before the Sessions Court. However, today it is submitted by the learned Counsel that she has no instructions to withdraw the present application and as such the present order is passed after hearing the submissions.

4) Initially, in November, 2010, CR No. 197 of 2010 was lodged against the present applicant no.1 for the offences punishable under different Sections of IPC and mainly for offence under section 376 of IPC. Even the applicant is also charged for the offence under Section 14 of the Foreigners Act, 1946. As per the report of the P.I. Bagwe, the applicant is a Bangladeshi Citizen. The allegations against the present applicant were that he had committed forcible sexual intercourse and molested seven girls of one family. Out of said seven girls, six are the minor girls. Further allegations were that for a period of four to five years at different places and at different times such incidents of forcible sexual intercourse took place. Various applications were made during the trial by the applicant no.1 for grant of bail but without any success. Presently, the applicant no.1 is in custody and apparently represented by appointed Counsel. Surprisingly said Counsel is present applicant no.2 in this transfer application. This aspect is dealt in detail in the later part of this order.

5) The trial started in the year 2012 after framing of the charge in the year 2011. Apparently, the trial lingered for three years and presently the trial is at the fag end and it is so mentioned by the Police Inspector, one Santosh Bagwe, who has filed an affidavit in the present application objecting for the transfer of the case to another Court. Said P.I. Bagwe is the Officer attached to the Crime Branch, D.C.B. C.I.D., UnitI, Mumbai.

6) In the affidavit, it is further disclosed that initially the present applicant had engaged his own advocate one Mr Wahab Khan. However, subsequently, said Advocate withdrew his appearance and then another Advocate Mr V.D.More under the Legal Aid Scheme and one more Advocate Mr Jadhwar was appointed as Amicus Curiae. Thereafter, again in March, 2013 the present applicant no.1 filed an application for appointment of his earlier Advocate Mr Wahab Khan. However, this request was denied by said Advocate. But he offered to assist the trial Court as Amicus Curiae. As such, Mr Wahab Khan was appointed as Amicus Curiae. The record of the trial Court shows that earlier said appointed Amicus Curiae Mr Jadhwar was replaced by said Advocate Wahab Khan. Thereafter, again the applicant filed an application for engaging a private advocate, but as the applicant no.1 failed to engage advocate, the trial Court appointed the present learned Counsel Ms Apeksha Vora to act as Amicus Curiae for the Court. On this also on or about 3rd Dece