The High Court expedited the trial of a Sessions case involving rape and SC/ST offences, directing completion by August 2013, with liberty to apply for bail if delayed.
Trial expedited; completion directed by August 2013; liberty granted to renew bail prayer if trial not completed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
cra408.13
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
CRIMINAL APPLICATION NO.408 OF 2013
Rajendra Asaram Mhetre,
Age-35 years, Occu:Agri.,
R/o-Mhetrevasti, Jamkhed,
Tq-Jamkhed, Dist-Ahmednagar.
...APPLICANT
VERSUS
The State of Maharashtra.
...RESPONDENT
...
Shri.Satej S. Jadhav Advocate for Applicant.
Shri.K.M. Suryawanshi, A.P.P. for Respondent.
...
CORAM: P.D. KODE, J.
DATE : 8TH FEBRUARY, 2013
ORAL ORDER :
1. Heard.
2. Learned counsel for the Applicant submits
that he is not pressing Application for bail and
is making limited prayer for expediting the trial
and ordering completion of the same in a
stipulated period and granting him liberty to
renew the prayer for bail in event the trial is
not accordingly completed.
3.The request is not objected by the
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2
prosecution.
4.The charge-sheet is filed on 2nd
November, 2012. Case is committed to the Sessions
Court for trial. The accused in custody has right
of early trial. Hence the request deserves
consideration.
5.Hearing of Sessions Case No.378 of 2012
is hereby expedited. Learned Special Judge seized
with Sessions Case No.378 of 2012 arising out of
Crime No.122 of 2012 for offence under Section 376
of Indian Penal Code read with Section 3(1)(xii)
of Scheduled Caste and Scheduled Tribes
(Prevention of Atrocities) Act, 1988, is hereby
directed to commence and complete the said trial
by the end of August, 2013.
6.In event trial being not completed within
the said period, liberty to the Applicant to renew
for the prayer of bail.
7.The Criminal Application stands disposed
of as withdrawn with liberty as aforesaid.
[P.D. KODE,J.]
asb/FEB13
1 issue framed by the court
Whether the trial of a Sessions case should be expedited to complete within a stipulated period.
2 provisions across 2 enactments
Rajendra Asaram Mhetre
The State of Maharashtra
P.D. KODE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court