Yohan Jenu Gavit v. The State Of Maharashtra

2024:BHC-AUG:6863 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 913 BAIL APPLICATION NO. 394 OF 2024 Yohan Jenu Gavit

VERSUS

The State of Maharashtra ...

Advocate for Applicant : Mr. Ambilwade Saisagar A APP for Respondents: Mrs. Pratibha J. Bharad .....

CORAM : SANJAY A. DESHMUKH, J.

DATED : 28th MARCH, 2024.

PER COURT :- 1.

Heard both sides. When this court expressed disinclination to allow the application, learned advocate for the applicant, on instructions, seeks leave to withdraw the application. 2.

Leave granted. The application is disposed of as withdrawn.

3.

Learned advocate for the applicant submitted that the trial in this case 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:- I) The Trial Court is directed to conduct the trial as

-2expeditiously 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 either on behalf of 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 an opportunity to them to produce the accused i.e. under trial prisoners continuously. If it is not followed then the Trial Court may proceed against them as per Chapter X of the Indian Penal Code for contempt of lawful authority etc.. If any accused who is on bail is not appearing for trial, then the Trial Court may proceed to cancel their bail. If the accused, advocates for accused or the public 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 on day to day basis or in any case at least twice or thrice in a week.

-3IV) If the trial is not concluded within one year from today, the applicant is at liberty to file application for bail before this Court.

(SANJAY A. DESHMUKH, J.) rlj/