Sahil Khan Rashid Khan v. The State Of Maharashtra

2025:BHC-AUG:27930 24 BA.1074.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

24 BAIL APPLICATION NO. 1074 OF 2025 SAHIL KHAN RASHID KHAN

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Chandrakant P. Patil APP for Respondent / State : Mr. P. P. Dawalkar. ...

CORAM :

SANJAY A. DESHMUKH, J.

DATE :

06th October, 2025.

P.C.:

Heard the learned counsel for applicant and the learned APP. When this Court expressed disinclination to grant any relief to the applicant, the learned counsel for the applicant, on instructions, seeks leave to withdraw the application.

Leave granted. The application is disposed of as withdrawn.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:- I) The learned Trial Court is directed to conclude the trial as expeditiously as possible, in any case within one year. 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

24 BA.1074.2025.odt 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) If the trial is not concluded within one year, the applicant is at liberty to file an application for bail before the Trial Court. If such an application is filed, the Trial Court shall decide the same on its own merits.

IV) 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