This order dismissed an application seeking cancellation of bail. The court noted that the prosecution played a role in trial delays but directed the Additional Sessions Judge to complete the trial within six months.
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1 34-ACB-23-2018.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
APPLICATION FOR CANCELLATION OF BAIL NO.23 OF 2018
SHALUBAI W/O. MADHUKAR KADAM
VERSUS
THE STATE OF MAHARASHTRA AND ANR.
Advocate for Applicant : Mr. Solanke Shrikrashna B.
Advocate for Respondent no.2: Mr. S. G. Kawade
APP for Respondents-State: Mr. K. S. Patil
CORAM : S. G. MEHARE, J.
DATE : 21st November, 2022
PER COURT :-
1. As per the order of this Court, the learned District Judge-3 and Additional Sessions Judge, Ambajogai submitted status and progress
report of the trial. It reveals from the report that the matter could not be
conducted due to Covid-19 pandemic. When the Court begun to
function, it was transpired that a counter case was lying before the
learned Judicial Magistrate First Class. Its papers were called.
Sometimes, the delay was caused due to the prosecutor for non-issuing
the summonses. The applicant was absent on 10.10.2022. Therefore, the
learned Additional Sessions Judge, Ambajogai issued non-bailable
warrant against him. It was served and his presence was secured. The
overall fact of the case reveals that nobody was responsible for delay
Sameer
2 34-ACB-23-2018.odtmore particularly, the accused. The learned Additional Sessions Judge,
Ambajogai assured to complete the trial within a reasonable time. The
learned Additional Sessions Judge, Ambajogai has already been directed
by this Court by its order dated 06.06.2022 to make an effort to conduct
the trial as expeditiously as possible.
2. In view of the matter, there appears no substance in the application. However, the learned Additional Sessions Judge, Ambajogai is directed to complete the trial within six months from the receipt of this order.
3. In the above terms, application stands dismissed.
Sameer
SHALUBAI W/O. MADHUKAR KADAM
THE STATE OF MAHARASHTRA
S. G. MEHARE
As recorded by the court registry
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