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Bombay High CourtBA/1367/2025withdrawn

Sunil Dayanand Alias Jaykar Mandale v. The State Of Maharashtra

2025-09-20Hon'Ble Shri Justice Sanjay A. Deshmukh2 pages

954 BA NO. 1367 OF 2025.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 954 BAIL APPLICATION NO. 1367 OF 2025 SUNIL DAYANAND ALIAS JAYKAR MANDALE

VERSUS

THE STATE OF MAHARASHTRA ...

Ms. Salunke Sheetal Vilas, Advocate for Applicant Mr. R. S. Wani, APP for Respondent/State ....

CORAM : SANJAY A. DESHMUKH, J.

DATE : 20.09.2025 PER COURT :- 1.

After hearing the learned advocates for the respective parties when this court expresses disinclination to allow the application, the learned advocate for the applicant, upon instructions, seeks leave to withdraw the application.

2.

Leave granted. The application is disposed of as withdrawn. 3.

The learned advocate for the applicant further prays that the trial may be expedited.

4.

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 Trial Court is directed to decide the case as expeditiously as possible, in any case within six months. Needless to mention that it is a sessions trial and word "sessions" means once it is started it shall not be stopped until it is concluded.

(( 2 )) 954 BA NO. 1367 OF 2025 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. ] HRJadhav