SADA SHIV MANOHAR PARKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS application has been sent from jail by one Sada Shiv Manohar Parkar who is being prosecuted for offences punishable under sections 147, 148, 302 r/w 149/34 I. P. C. Its perusal shows a shocking situation namely that the petitioner is in jail since 8th October, 1989 and his trial has not yet finished. A two fold prayer has been made in this application:--

(2.) ON 26th June, 1998, this application came up before V. H. Bhairavia, J. , who called for a report from the learned Sessions Judge, Thane, in whose Judgeship the trial is pending. In compliance of the said order, the learned District and Sessions Judge, Thane, submitted his report dated 30th June 1998.

(3.) I have perused the report of the District and Sessions Judge, Thane, and am constrained to observe that for no fault of the petitioner, his trial has not been disposed off till date. Para 3 of the report shows that the case was committed to the Court of Sessions on 20th February 1990 and the charge was framed nearly 3? years later i. e. on 7th July 1993; thereafter the trial could not proceed because a co-accused (Original Accused No. 4) was absconding and could only be produced on 5th August 1997; that considerable time was lost on account of the failure of the prosecution to serve the witnesses; and there was absence of co-ordination amongst the three Advocates appearing for the accused persons.