Prakash Sudam Pandit v. The State Of Maharashtra

2024:BHC-AUG:6678 904 BA.299.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

904 BAIL APPLICATION NO. 299 OF 2024 PRAKASH SUDAM PANDIT

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. S. B. Rajebhosale, h/f Mr. Kiran Arjunrao Misal. APP for Respondent/State : Mrs. Pratibha J. Bharad. ...

CORAM :

SANJAY A. DESHMUKH, J.

DATE :

27th March, 2024.

P.C.:

After hearing the learned counsel for applicant and the learned APP for the State, when this Court expressed disinclination to grant relief, the learned counsel for applicant, on instructions, seeks leave to withdraw this application.

Leave granted. The bail application is disposed of as withdrawn. The learned counsel for applicant further prayed that the trial may be expedited.

The speedy trial is right of the accused. Therefore, the prayer of the applicant for expeditious trial deserves to be allowed with the following directions:-

904 BA.299.2024.odt I) The Trial Court is directed to conduct the trial as expeditiously as possible and in any case within one year from today. Needless to mention that it is a sessions trial and word "sessions" means once it is started it shall not be stopped till it is concluded.

II) 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 is released on bail in the said trial is not appearing, then the Trial Court may proceed to cancel their bail. If the advocates for accused or the pubic prosecutor are not cooperating the Court for conducting the trial as expeditiously as possible, the Trial Court may impose heavy costs on the concerned accused.

III) The Trial Court is expected to conduct the trial at least twice or thrice in a week.

[ SANJAY A. DESHMUKH, J. ] nga