The High Court directed the Additional Sessions Judge to conclude the ongoing trial within one year due to excessive delay exceeding five years, violating the applicant's right to a speedy trial.
D direction to Additional Sessions Judge to conclude trial within one year.
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.
1/2 916 BA 408.22.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.408 OF 2022
Sunil Damu Umbarsanda .. Applicant Versus The State of Maharashtra and anr .. Respondents
Mr. Sandeep Mishra for the Applicant. Mr. Subir Sarkar for Respondent No.2 Mrs. J.S. Lohakare, A.P.P. for the State/Respondent.
CORAM: BHARATI DANGRE, J. DATED : 12th OCTOBER, 2022
P.C:-
application learned counsel seeks permission to withdraw the application.
The counsel has however invited my attention to a glaring aspect of the matter being that the applicant came to be arrested in the subject C.R. on 5/03/20217, and since then he remained incarcerated in Taloja Jail. More than 5 years down the line the trial has not been concluded.
Ashish Mhaske
2/2 916 BA 408.22.doc
as an integral part of article 21 of the Constitution, when the learned APP is unable to make any statement about progress of the trial and Mr. Sarkar submit that even charge has not been framed, I deem it appropriate to direct the Additional Sessions Judge, Thane, who is seized of Sessions Case No. 214 of 2017 to make every endevour to conclude the trial within a period of one year and preferably by fixing the schedule of the trial on day today basis.
Application is dispose off.
( SMT. BHARATI DANGRE, J.)
Ashish Mhaske
1 issue framed by the court
Whether the delay of over 5 years in concluding the trial amounts to a violation of the applicant's right to a speedy trial under Article 21.
1 provisions across 1 enactments
Sunil Damu Umbarsanda
The State of Maharashtra
Bharati Dangre
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
