Nilesh Ramashankar Sharma v. The State Of Maharashtra

(43)BA-651-2021.doc rkmore

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.651 OF 2021 Nilesh Ramashankar Sharma ] ..

Applicant vs.

State of Maharashtra ] ..

Respondents Mr.Gaurav Bhawnani i/b Khan Abdul Wahab for the Applicant. Mr.Vaibhav Bagade, Spl.P.P. for the State.

API Mr.Sawant present.

CORAM :

BHARATI DANGRE, J DATE :

4TH AUGUST, 2022.

P.C.

1] On expressing my disinclination to entertain the application on merits, the learned counsel for Applicant seeks permission to withdraw Digitally signed by RAJSHREE KISHOR MORE Date:

2022.08.06 10:09:20 +0530 the application.

RAJSHREE KISHOR MORE 2] However, the learned counsel for the Applicant submits that the applicant came to be arrested on 08.05.2018 and till date even charge is not framed.

3] The learned SPP on instructions submits that for last three dates, case is pending for framing of charge as the accused is not produced before the Court.

1/2

(43)BA-651-2021.doc 4] Since speedy trial is right of every accused and being detained under-trial would be violation of the fundamental rights, the learned Sessions Judge, Dindoshi (Court No.9) is reminded of the right of speedy trial in every case. The learned Judge shall ensure presence of accused through Jail on the next date of hearing and charge shall be framed within one month.

5] Apart from the present applicant, other accused are also arrested in CR No.249/2018 and are waiting for trial to be commenced. In the wake of this, the learned trial Court shall expedite trial in Sessions Case No.259/2018 and make every endevour to complete the trial within a period of one year from today. Failure to complete the trial would entitle the applicant to approach this Court seeking release on bail.

6] Accordingly, Bail Application is disposed off as withdrawn. [BHARATI DANGRE, J] 2/2