KISHAN RAMLU DUDHWAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioner has challenged the detention of his brother, Sanjay Ramlu Dudhwad, and, his nephew, Balaji Sayyana Bakkawad. The petitioner has contended that Crime No. 70/97 was registered at Police station, Mukhed, on 23-5-1997, for offence punishable under section 302 read with section 34 of Indian Penal Code and both, Sanjay and Balaji, were arrested in connection with that crime. On the same day, they were produced before judicial Magistrate (F. C.), Nanded, and were initially remanded to Police Custody Remand, and thereafter they were remanded to Judicial Custody. Charge sheet was filed on 14-8-1997 and they continued to be in custody till that date. The accused filed application for bail, being Miscellaneous application No. 98 of 1997. But the learned Additional sessions Judge, Biloli, rejected that application. On 20-12-1997, learned Judicial Magistrate (F. C), Mukhed, committed the case to the Court of Sessions. Both the accused were in jail and he directed that the accused be produced before additional Sessions Judge, Biloli, on 26-12-1997. On 26-12-1997, learned Additional Sessions Judge was on leave and, therefore, Superintendent of the Court of Additional sessions Judge, Biloli, gave the next date in the matter and since then the accused are being regularly reproduced before the Additional Sessions Judge, Biloli.

(2.) THE Sessions Case registered against the accused is sessions Case No. 72/97. In the said matter, accused filed an application for bail once again. But the same was rejected on 10-3-1998 by learned Additional Sessions Judge, biloli. Till the date of filing of Writ Petition, for 13 months, accused are in custody without trial.

(3.) HEARD Mr. A. H. Kapadia and Mr. V. V. Deshpande, counsel for petitioner, and Mr. S. B. Bhapkar, Additional public Prosecutor, for respondent Nos. 1 and 2.