Jaysing Mahadeo Karwande v. The State Of Maharashtra

BA 1589-18.doc Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1589 OF 2018 Jaysing Mahadeo Karwande .Applicant Vs.

The State of Maharashtra .Respondent Mr. A. Shitole, Advocate, for the Applicant Mr. Y. Y. Dabke, APP, for the Respondent - State

CORAM

:

SMT. SADHANA S. JADHAV, J.

DATE :

02.07.2018 P.C.

.

This is the subsequent Application seeking enlargement on bail. The earlier Application was rejected by this Court vide Order dated 19.01.2015 on merits. There is no change in circumstance except the fact that the trial is delayed.

2.

Learned counsel for the Applicant vehemently submits that in fact, the charge is framed against the accused three years ago i. e. on 06.02.2015. In fact, there is no reason why the trial should be delayed after framing of charge. It was only on two to three occasions i. e. from 09.10.2017 the Applicant had not been produced before the Court on the scheduled date till 14.12.2017. The Applicant was not produced before

BA 1589-18.doc the Court on 02.02.2018 and the next scheduled date was 12.03.2018. Learned counsel for the Applicant further submits that justice delayed is justice denied and therefore, prays that the trial be expedited. 3.

Taking into consideration, the submissions of the learned counsel and the roznama annexed to the Application, it would be desirable to expedite the trial. The learned Sessions Court seized with S. C. No. 319 of 2014 shall make every endeavour to conclude the recording of evidence as far as possible by 15.01.2019. 4.

The Application is disposed of with the said directions. Office to communicate this order to the concerned Court forthwith. In fact, the jail authorities ought to present the accused before the Court on every scheduled date. The learned Sessions Judge shall not grant any unwarranted adjournments to the prosecutor and similarly, take coercive action against the jail authorities in the eventuality that the accused is not produced before the Court on the scheduled date. (SMT. SADHANA S. JADHAV, J.)