Shubham S/O Bhikulal Jat v. The State Of Maharashtra And Another

2024:BHC-AUG:7566 14.2024ba+ -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 902 BAIL APPLICATION NO. 14 OF 2024 SHUBHAM S/O BHIKULAL JAT

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER AND 903 BAIL APPLICATION NO. 26 OF 2024 SHUBHAM BHIKULAL JAT

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicants : Mr.Salunke Sudarshan J. APP for Respondent/State : Mr.Mukesh K. Goyanka Advocate for Respondent No.2 : Mr.R. M. Gaikwad (appointed) ...

CORAM : SANJAY A. DESHMUKH, J.

DATED : 5th APRIL, 2024.

PER COURT :- 1.

Heard both the sides.

2.

When this Court expressed disinclination to allow the applications, the learned advocate for the applicants, on instructions, seeks leave to withdraw the applications. Leave granted. The applications are disposed of as withdrawn.

3.

The learned advocate for the applicants further submits that both the trial be expedited. It is submitted that Special Case No.81 of 2017 is part heard and evidence of two witnesses is over. Special Case No.74 of 2015 is not yet started, however, the charge is framed. 4.

Considering the fact situation of the case, Special Court is

14.2024ba+ -2directed to conduct the case expeditiously and conclude it within six months from today. The Special Court is also directed that if some sessions cases are expedited by the Hon'ble Supreme Court or this Court, it shall give priority to those cases and thereafter these two cases shall be taken for hearing. Special Court is further directed to conduct these two cases expeditiously means by keeping its date at least twice or thrice in a week by bearing in mind that session means, once it is started it should not be stopped until it is concluded finally. Thus trial is to be conducted in literal sense of word session as stated above.

5.

If the trial is not concluded within six months, the applicants may file application seeking bail before the trial Court. The trial Court shall consider that speedy trial is a right of accused as per Article 21 of the Constitution of India and various pronouncements of the Hon'ble Supreme Court and the High Court regarding it. 6.

Fees of Mr. R.M. Gaikwad, learned appointed advocate in both the matters shall be paid through the High Court Legal Services Sub-Committee, Aurangabad, as per rules and schedule, in both the cases.

(SANJAY A. DESHMUKH, J.) sga