Rameshwar Maroti Haran v. The State Of Maharashtra
2025:BHC-AUG:29251 -1-
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 919 BAIL APPLICATION NO. 1401 OF 2025 Rameshwar Maroti Haran
VERSUS
The State of Maharashtra ...
Advocate for Applicant : Mr. Shrikant G. Kawade APP for Respondents: Mr. K.K. Naik .....
CORAM : SANJAY A. DESHMUKH, J.
DATED : 14th OCTOBER, 2025.
PER COURT :- 1.
After hearing learned advocate for the applicant and learned A.P.P. for the State, when this Court expressed disinclination to allow the application, learned advocate for the applicant, on instructions, seeks leave to withdraw this application. 2.
Leave granted. The application stands dismissed as withdrawn.
3.
The applicant is arrested on 25.12.2022. The charge is framed, however, the trial is not started. Considering the right of the accused of speedy trial, as per the provision of Article 21 of the Constitution of India and the law laid down by the Hon'ble Supreme Court in the case of Tapas Kumar Palit vs. State of Chhattisgarh,
-22025 SCC OnLine SC 322 the applicant has right of speedy trial. Therefore, the learned trial court is directed to conclude the trial as early as possible and in any case within a period of six (06) months 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 and preferably within the aforesaid period. It is clarified that if any other sessions case is expedited by the Hon'ble Supreme Court or 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, as directed above.
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 authorities and escort party and warn them by passing an order, by giving them an opportunity to produce the accused i.e. under trial prisoners continuously. If it is not followed, then the Trial Court may proceed against those 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
-3cooperating the Court for conducting the trial expeditiously, the Trial Court may impose heavy costs on the concerned accused. (SANJAY A. DESHMUKH, J.) rlj/