Mosin Chand Shaha v. The State Of Maharashtra And Another
2025:BHC-AUG:25685 931.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD 931 BAIL APPLICATION NO. 1159 OF 2025 Mosin Chand Shaha
VERSUS
The State Of Maharashtra And Another ...
Mr. Adinath B. Jagtap, Advocate for Applicant Mr. P. P. Dawalkar, APP for Respondents/State ...
CORAM : SANJAY A. DESHMUKH, J.
DATE : 19.09.2025 PER COURT :- 1.
Heard learned Advocate for both the sides. When this Court expressed disinclination to allow the application, learned advocate for the applicant, on instructions, seeks leave to withdraw this application with a direction to the Trial Court that trial be expedited.
2.
Leave granted. The application stands dismissed as withdrawn. 3.
Learned Trial Court is directed to conclude the trial as expeditiously as possible and in any case within a period of one year from today, with following directions:- I.
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. The trial court therefore, to proceed with the trial as expeditiously as possible. It is clarified that if any other sessions case is expedited by the Hon'ble Narwade
(( 2 )) Supreme Court of by this court, the priority shall be given to those cases, if any, and thereafter, the Sessions case arising out of the present crime shall be taken up for disposal. II.
For that purpose, the Trial Court is expected to keep the matter twice or thrice in a week and conclude the trial accordingly within three months from today.
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 Bhartiya 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. ]