Hardeepsingh @ Hadi @ Laki Babansingh Sapure v. The State Of Maharashtra And Others

2024:BHC-AUG:4755

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

BAIL APPLICATION NO. 2234 OF 2023 HARDEEPSINGH @ HADI @ LAKI S/O BABANSINGH SAPURE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Mr. Rajendra S. Deshmukh, Senior Counsel a/w Mr. Vishal A. Chavan, i/b Mr. Devang Rajendrraa Deshmukh, Advocates for Applicant. Mrs. Pratibha J. Bharad, APP for Respondents. ...

CORAM :

SANJAY A. DESHMUKH, J.

DATE :

05th March, 2024.

P.C.:

After hearing the learned Senior Counsel for applicant and the learned APP for the State, when this Court expressed disinclination to grant relief, the learned Senior Counsel for applicant, on instructions, seeks leave to withdraw this application. Leave granted. The application is disposed of as withdrawn.

The learned Senior Counsel for applicant further submits that the trial may be expedited and directions to that effect may be given to the Trial Court.

The charge-sheet is filed, however, some of the accused

are absconding. To secure their presence more time will be required. Therefore, it would be proper to direct the Trial Court to proceed further with the trial against the accused, whose presence is secured by splitting the trial. The Trial Court is therefore, directed to frame the charge against the accused as early as possible, in any case within 15 days from today.

The Trial Court is further directed to proceed further with the trial by keeping in mind that it is special/sessions case. Needless to mention that the word sessions means, once it is started it shall not be stopped till it is concluded. Thus, the Trial Court shall keep the dates of hearing atleast thrice in a week in order to conclude the trial as expeditiously as possible and shall conclude the same within eight months.

If the accused, who are released on bail are remaining absent, the Trial Court may cancel their bail and take them into custody and proceed further with the trial. If the advocates are not cooperating for expeditious trial, the Trial Court is directed to impose heavy costs on the concerned accused, if there is no proper and plausible reasons for remaining absent for the trial. If the Trial Court finds that the trial is not expeditiously going on, then after three months it shall be brought to the notice of

this Court that the trial is going on by snails speed and in that circumstance this Court may give certain directions or pass necessary orders, in the interest of justice.

The Trial Court shall note that if the trial is not concluded within eight months, the applicants may proceed for filing the application for bail, in view of the principle of right to speedy and fair trial.

[ SANJAY A. DESHMUKH, J. ] nga