Nitin Vitthal Sonwane v. The State Of Maharashtra

2025:BHC-AUG:27490

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

928 BAIL APPLICATION NO. 1055 OF 2025 NITIN VITTHAL SONWANE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Sopan Bobade & Mr. Dhammadip A. Paikrao. APP for Respondent / State : Mr. S. B. Narwade. ...

CORAM :

SANJAY A. DESHMUKH, J.

DATE :

01st October, 2025.

P.C.:

This is a successive application for granting regular bail to the applicant on the ground that the trial has not be concluded, even though the applicant is behind bars for more than 1 and 1⁄2 years. Heard the learned counsel for the applicant and the learned APP for the respondent / 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 The bail application stands disposed of as withdrawn.

The applicant is behind bars for more than 1 and 1⁄2 years. It is

submitted that charge is not yet framed. Considering the nature of the crime and the number of witnesses cited on behalf of the prosecution, it would be proper to expedite the hearing of the case. Hence, the following order:

O R D E R

I) The learned Trial Court is directed to conclude the trial as expeditiously as possible, in any case within six months. However, it is clarified that if any matter is earlier expedited either by the Honourable Supreme Court or this Court, then the Trial Court shall conclude that case first and then proceed further with this trial. 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) For that purpose, the Trial Court is expected to keep the date twice or thrice in a week and conclude the trial accordingly. III) 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 i.e. 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, 1860 i.e.

Chapter XIII of the Bharatiya Nyaya Sanhita, 2023. If the advocates for accused or the public prosecutor are not cooperating with the Court for conducting the trial as expeditiously as possible, the Trial Court may impose heavy costs on the concerned accused.

[ SANJAY A. DESHMUKH, J. ] nga