Raju Vishnu Avhad v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2998 OF 2018 (THROUGH JAIL) Raju Vishnu Avhad ...Applicant

Versus

The State of Maharashtra

...Respondent

Ms. Heena Suvarnakar, appointed Advocate for the Applicant Mr. A. R. Kapadnis, A.P.P for the Respondent-State PSI Mr. Joshi from Crime Branch, Bhiwandi, is present CORAM : REVATI MOHITE DERE, J.

MONDAY, 10 th JUNE 2019 P.C. :

Heard learned counsel for the applicant and the learned A.P.P for the State.

By this application sent through jail, the applicant seeks his enlargement on bail.

Learned A.P.P, on instructions, states that till date, 26 witnesses have been examined and 10 more witnesses are to be examined. 1/3

Having regard to the aforesaid, it is not necessary to consider the application of the applicant for bail, at this stage. Accordingly, the application is disposed of, with a direction to the learned Sessions Judge to expedite the aforesaid case.

It appears that in 2016, this Court (Coram : A. S. Gadkari, J.) vide order dated 29th January 2016 had noted the submission of the learned A.P.P that according to the prosecution, the trial would be concluded within 6 months. More than 3 years have passed, however, till date, the trial is still moving at a snail pace. The applicant has been languishing in custody since 2010. Almost 9 years have elapsed. The right to speedy trial is a right of the accused under Article 21 of the Constitution. The learned Sessions Judge shall take up the said case on day-to-day basis and dispose of the same as expeditiously as possible and in any event, within 6 months from the date of receipt of this order..

The application is accordingly disposed of.

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Registry to communicate the aforesaid order to the applicant, who is lodged in Taloja Central Prison, Kharghar, Navi Mumbai. REVATI MOHITE DERE, J.

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