Namdeo @ Bali Achyutrao Vairagar v. The State Of Maharashtra
2024:BHC-AUG:6624 -1-
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 909 BAIL APPLICATION NO. 202 OF 2024 Namdeo @ Bali Achyutrao Vairagar
VERSUS
The State of Maharashtra ...
Advocate for Applicant : Mr. Prashant P.Giri APP for Respondents: Mrs. Dipali S. Jape Advocate to assist the A.P.P. : Mr. Swapnil S. Rathi .....
CORAM : SANJAY A. DESHMUKH, J.
DATED : 22nd MARCH, 2024.
PER COURT :- 1.
Heard both sides. Learned advocate for the applicant, on instructions, seeks leave to withdraw this application. 2.
Leave granted. The application is disposed of as withdrawn.
2.
Learned advocate for the applicant further submits that the applicant is behind bars since 05.09.2023 and considering the number of witnesses, the trial may be expedited. 4.
As per the information received from the Principal District and Sessions Judge, Parbhani, only one Sessions case is expedited by this court and that might have been concluded. However, if it is not concluded, it is to be concluded as expeditiously as possible and
-2in any case on or before 30.04.2024 by keeping in mind that it is a Sessions Case. Needless to mention that the word "sessions" means once it is started it shall not be stopped till it is concluded. 5.
The Sessions Case No. 254 of 2023 be also concluded in the term as "session" as directed above by keeping the matter at least twice or thrice in a week and in any case it shall be concluded within three months from today i.e. up to 30.06.2024. 6.
The Trial Court is further directed not to grant adjournments if it is prayed on behalf of either the prosecution or the defence unless there is extreme urgency or reasonable ground. If the accused are not produced, the Trial Court may call the jail authority and escort party and warn them by passing an order accordingly by giving one opportunity to them to produce the accused, under trial prisoners continuously. If it is not followed then the Trial Court may proceed against these authorities for not following the order of the legal authority of public servant as per the (applicable) provisions of Chapter X of the Indian Penal Code. If any accused, who is released on bail in the said trial, is not appearing, then the Trial Court may proceed to cancel his/their bail. If the accused, advocates for accused or the pubic prosecutor are not cooperating before the Court for conducting the trial as expeditiously as possible, the Trial Court may impose heavy costs on the concerned accused.
-37.
It is made clear that if the trial in the said case is not concluded within the specified period, as above, the applicant would be at liberty to file an application for bail before the trial court. (SANJAY A. DESHMUKH, J.) rlj/