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Bombay High CourtBA/928/2025withdrawn

Kewalbai Sanjiv Biradar v. The State Of Maharashtra

2025-09-02Hon'Ble Shri Justice Sanjay A. Deshmukh2 pages

2025:BHC-AUG:23576 ba928.25 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 26 BAIL APPLICATION NO. 928 OF 2025 Kewalbai Sanjiv Biradar

VERSUS

The State of Maharashtra ...

Advocate for Applicant : Mr. V.D. Gunale APP for Respondents: Mr. P.P. Dawalkar .....

CORAM : SANJAY A. DESHMUKH, J.

DATED : 2nd SEPTEMBER, 2025.

PER COURT :- 1.

After hearing learned advocate for the parties for some time, when this Court expressed disinclination to allow the application, learned advocate for the applicants, on instructions, seeks leave to withdraw the application.

2.

Leave granted. The application stands dismissed as withdrawn.

3.

Considering the peculiar set of facts, particularly that the applicant is behind bars since 16.5.2024, it would be appropriate to conclude the trial as expeditiously as possible and in any case within a period of one year from today, with following directions:-

ba928.25 -2i) The learned Judge, seized with the matter, is directed to keep the matter at least twice in a week and conduct the trial in view of literal sense of word "session". Needless to state that the session means once it is started it shall not be stopped.

ii) If the concerned advocates are not helping or prolonging the matter, then the court is directed to proceed further as per the provisions of law. In addition thereto, it may impose heavy costs upon the concerned accused.

iii) If the accused are not produced by the jail authority or escort is not provided, the court is directed to conduct the meeting and to inform them that court can take action as per Chapter X of I.P.C. i.e. the contempt of lawful authority of public servant for not following the directions of the authority. The learned court may record the evidence through video conferencing and conclude the trial as early as possible.

iv) The learned Registrar (Judicial) of this Court is directed to communicate this order to the concerned Court immediately. v) Parties to act on authenticated copy of this order. (SANJAY A. DESHMUKH, J.) rlj/