LAWS(BOM)-2009-1-176

ANAND B SHIRWAIKAR Vs. STATE THROUGH CBI PANAJI

Decided On January 06, 2009
ANAND B SHIRWAIKAR Appellant
V/S
STATE THROUGH CBI PANAJI Respondents

JUDGEMENT

(1.) HEARD the learned Counsel for the applicants and respondent. In all these cases, the preliminary contentions are being disposed of by a common order.

(2.) THE learned Counsel for the applicants raised the contention that the matter needs to be remanded back to the Session Judge without going into the merits on account of two reasons (i) inordinate delay in delivering the impugned order and (ii) non-consideration of the arguments said to have been advanced before the Session Judge while refusing to pass the order of discharge of the accused.

(3.) WE have to see whether the order rejecting the prayer for discharge, delivered after a long gap of time, can be treated as bad in law.