The High Court directed the Sessions Judge to conclude the trial of the bail applicant expeditiously, within six months, as he had been in custody for over five years, and directed parties to cooperate.
Directed the Sessions Judge to conclude the trial within six months and ensure presence of all witnesses and the accused.
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.
ba.1069.19.26.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1069 OF 2019
Sachin Rajratan Pawar ...Applicant Versus The State of Maharashtra ...Respondent
Mr. Satyavrat Joshi a/w Mr. Nitesh Mohite I/b Mr. Sunil Kamble for the Applicant
Mr. S. S. Hulke, A.P.P for the Respondent-State
API Ms. Vishakha Zende from Ulhasnagar Unit-4, Thane, is present
CORAM : REVATI MOHITE DERE, J. WEDNESDAY, 10 th JULY 2019
P.C. :
1 Learned counsel for the applicant submits that earlier bail
application being Criminal Bail Application No. 2737 of 2014 was
dismissed as withdrawn vide order dated 3rd March 2015 and the trial
of the applicant was expedited and liberty was granted to the applicant
to renew his prayer for bail, if the trial did not conclude within one
year. Learned counsel for the applicant submits that the charge was
framed on 3rd September 2016 and that the trial has not concluded till date.
1/2
SQ Pathan
ba.1069.19.26.doc
2 Learned A.P.P. states that the trial has commenced and till
date, five witnesses have been examined and that the prosecution intends to examine 5-6 more witnesses.
3 As the trial has already commenced, the learned Sessions Judge is directed to conclude the same as expeditiously as possible and in any event, within six months from the date of receipt of this order, considering the fact that the applicant is in custody for more than 5 years. Learned Judge to take all steps to ensure the presence of
the witnesses as well as the accused, so that, the trial can be expeditiously disposed of. All parties to cooperate in the conduct of the trial.
REVATI MOHITE DERE, J.
2/2
SQ Pathan
2 issues framed by the court
Whether bail should be granted or the trial expedited given the applicant has been in custody for over five years.
Whether the trial proceedings should be concluded within a specific timeframe considering the delay.
Sachin Rajratan Pawar
The State of Maharashtra
Revati Mohite Dere
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
