Gautam Bhikaji Yede v. The State Of Maharashtra

911-ba-209-2021.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 911 BAIL APPLICATION NO.209 OF 2021 GAUTAM BHIKAJI YEDE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mrs. Ansari A.N.

APP for Respondent/State : Mrs. D.S. Jape ...

CORAM : SMT. VIBHA KANKANWADI, J.

DATED : 11th MARCH, 2021 PER COURT:- .

After hearing the learned Advocate for the applicant for a while, it can be gathered that the trial has begun before the learned trial Judge i.e. Additional Sessions Judge-6, Jalna. It is to be noted that the present applicant came to be arrested on 14.02.2019 and was remanded to magisterial custody on 18.02.2019, since then he is in jail. It appears that the present applicant had moved an application for bail in pandemic situation, in order to get beneft of the directions issued by the Hon'ble Supreme Court in Suo-moto Writ Petition No.01 of 2020 for releasing him on temporary bail. That application was moved through jail and then the learned Advocate appearing for the applicant submits that the Advocate, who was representing the applicant before the trial Court had no knowledge about the said application and therefore, he could not remain present. So also, it was the pandemic situation and physical hearing was restricted. The application Exhibit-22 has

911-ba-209-2021.odt (2) been rejected in absence of the learned Advocate for the applicant.

2.

Learned Advocate for the applicant here, now submits that the substantial justice can be given if the case is made time bound taking into consideration the allegations against the present applicant and the duration since when he is in jail.

3.

Therefore, taking into consideration these aspects, the application is allowed to be withdrawn with a direction to the learned Additional Sessions Judge-6, Jalna to expedite the trial of Sessions Case No.102 of 2019 and decide it on merits by the end of August-2021. The learned Judge should give priority to the case. Liberty is also granted to the present applicant to fle application for bail, if the trial does not get fnished by the end of August-2021.

4.

The application is accordingly disposed of as withdrawn.

(SMT. VIBHA KANKANWADI, J.) Mujaheed//