Chandrakant Alias Dadu Sunil Athawale v. The State Of Maharashtra

2025:BHC-AUG:27868 ba440.25 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 912 BAIL APPLICATION NO. 440 OF 2025 Chandrakant Alias Dadu Sunil Athawale

VERSUS

The State of Maharashtra ...

Advocate for Applicant : Mr. Nilesh S. Ghanekar APP for Respondents: Mr. P.P. Dawalkar .....

CORAM : SANJAY A. DESHMUKH, J.

DATED : 4th OCTOBER, 2025.

PER COURT :- 1.

After hearing learned advocate for the applicant and learned A.P.P. for the State, when this Court expressed disinclination to allow the application, learned advocate for the applicant, on instructions, seeks leave to withdraw this application. 2.

Leave granted. The application stands dismissed as withdrawn.

3.

Considering the fact that the applicant is behind bars since five years and 11 months and only the formal evidence of investigating officer is to be recorded, it would be proper to direct the trial court to conclude the trial as expeditiously as possible and in any case within three months from today, with following directions:-

ba440.25 -2I.

It is a sessions case and it has to be decided in its literal sense that Session means once it is started it shall not be stopped. As per the law laid down by the Hon'ble Supreme Court in the case of Tapas Kumar Palit vs. State of Chhattisgarh, 2025 SCC OnLine SC 322, the trial court to note that if the applicant is behind bars for about 6 years, he has right to bail on the ground that the trial is not concluded on the right of speedy trial. II.

The trial court is therefore, directed to conclude the trial as expeditiously as possible and preferably within three months. (SANJAY A. DESHMUKH, J.) rlj/