Jayraj Jayant Salgaonkar vs State of Maharashtra and Ors. — Bombay HC (2025) — LawSathi Research

Jayraj Jayant Salgaonkar vs State of Maharashtra and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Criminal Application disposed: parties directed to appear before the learned Magistrate on 25 November 2025; in the event the charge is framed, the learned Magistrate requested to endeavour to commence and conclude the trial in CC No.1773 of 2012 within one year from the date of framing of the charge.

Issue for consideration

Whether the High Court should direct the learned Magistrate to expeditiously commence (and conclude) the trial in CC No.1773 of 2012, given the pendency of the discharge application and the death of two material witnesses.

Court's answer

Without delving into the correctness of the allegations in the application, having regard to the fact that the chargesheet was lodged in 2012 and the charge has yet not been framed, the prayer for expeditious commencement and conclusion of the trial in CC No.1773 of 2012 appears justifiable.

Ratio / Principle

The parties were directed to appear before the learned Magistrate on 25 November 2025, the date on which CC No.1773 of 2012 was scheduled to be listed.

Key takeaways

In the event the charge is framed, the learned Magistrate is requested to endeavour to commence and conclude the trial in CC No.1773 of 2012 within one year from the date of framing of the charge.ratio¶8

Detailed headnote1 paragraphs

Expedition of trial — Criminal Application under the Criminal Appellate Jurisdiction of the Bombay High Court — Applicant sought a limited direction to the learned Magistrate to expeditiously commence trial in CC No.1773 of 2012, arising out of C.R.No.222 of 2012, MIDC Police Station, Andheri, Mumbai. Chargesheet lodged in 2012 but charge still not framed; discharge application of Respondent No.2 pending (APP's reply not filed); two material witnesses deceased. Without examining the correctness of the allegations, the Court held the prayer for expeditious commencement and conclusion of trial justifiable, noted the matter was listed on 25 November 2025, directed the parties to appear on that date, and requested the learned Magistrate, if the charge is framed, to endeavour to commence and conclude the trial within one year from the date of framing of the charge. Application disposed. Coram: N.J. Jamadar, J. (13 November 2025).

2025:BHC-AS:48758

32 apl 774 of 2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.774 OF 2024

Jayraj Jayant Salgaonkar ... Applicant versus State of Maharashtra and Ors. … Respondents

Mr. Akshay Pai with Ms. Bhupali Vaze i/by Mrs. Bina Pai, for Applicant. Mrs. R.S.Tendulkar, APP for State.

Mr. Abhishek Sathe with Mr. Tejas Mane, for Respondent No.2.

CORAM: N.J.JAMADAR, J.

DATE : 13 NOVEMBER 2025

P.C.

Heard the learned Counsel for the parties.

A limited prayer in this Application is to direct the learned Magistrate to expeditiously commence the trial in CC No.1773 of 2012, arising out of C.R.No.222 of 2012 registered with MIDC Police Station, Andheri, Mumbai.

Learned Counsel for the Applicant submitted that the discharge application filed by the Respondent No.2 awaits adjudication. Two of the material witnesses have passed away. Therefore, trial be directed to be expedited.

Learned Counsel for Respondent No.2 submits that APP has not filed reply to the discharge application, and, therefore, said application could not be decided.

Without delving into the correctness of the allegations in the application,

SSP 1/2

32 apl 774 of 2024.doc

and having regard to the fact that the chargesheet has been lodged in the year 2012 and the charge has yet not been framed, the prayer for expeditious commencement and conclusion of the trial in CC No.1773 of 2012 appears justifiable.

The Court is informed that CC No.1773 of 2012 is scheduled to be listed before the learned Magistrate on 25 November 2025.

The parties shall appear before the learned Magistrate on 25 November 2025.

In the event, the charge is framed, the learned Magistrate is requested to make an endeavour to commence and conclude the trial in CC No.1773 of 2012 within a period of one year from the date of framing of the charge.

Criminal Application stands disposed.

( N.J.JAMADAR, J. )

SSP 2/2

Signed by: S.S.Phadke Designation: PS To Honourable Judge Date: 14/11/2025 11:14:43