Rameshwar Maroti Haran Vs the State of Maharashtra — Bombay HC (2025) — LawSathi Research

Rameshwar Maroti Haran Vs the State of Maharashtra — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Leave granted to withdraw the bail application; application dismissed as withdrawn with no bail relief. Directions nonetheless issued to the trial court to conclude the sessions trial within six months, with expeditious-conduct safeguards (frequent sittings, no adjournments absent extreme urgency, priority rules, costs for non-cooperation, action against jail authorities on non-production of accused).

Issue for consideration

Whether the applicant's bail application ought to be allowed. +1 more

Ratio / Principle

The applicant has a right of speedy trial under Article 21 of the Constitution of India and the law laid down by the Hon'ble Supreme Court in Tapas Kumar Palit vs. State of Chhattisgarh (2025 SCC OnLine SC 322).

Key takeaways

The learned trial court is directed to conclude the trial as early as possible and in any case within a period of six months from the date of this order.ratio¶16
Being a sessions case, once started the trial shall not be stopped; it is to proceed expeditiously and preferably within the aforesaid period, with priority given to any other sessions case already expedited by the Hon'ble Supreme Court or by this Court.ratio¶17
The Trial Court is expected to keep the matter twice or thrice in a week and conclude the trial accordingly.

Detailed headnote1 paragraphs

Bail application dismissed as withdrawn; speedy-trial directions recorded. Rameshwar Maroti Haran, arrested on 25.12.2022 in a sessions case in which the charge was framed but the trial had not commenced, sought bail before the High Court of Judicature at Bombay (Aurangabad Bench) in Bail Application No. 1401 of 2025. On the Court expressing disinclination to allow the application, counsel on instructions sought and obtained leave to withdraw; the application was dismissed as withdrawn. Relying on Article 21 of the Constitution of India and Tapas Kumar Palit vs. State of Chhattisgarh, 2025 SCC OnLine SC 322, Deshmukh J. held the applicant entitled to speedy trial and directed the trial court to conclude the trial within six months: the sessions trial, once started, shall not be stopped; hearings twice or thrice weekly; no adjournments to prosecution or defence absent extreme urgency or reasonable ground; priority to sessions cases already expedited by the Supreme Court or this Court; heavy costs for non-cooperation by advocates or the public prosecutor; and proceedings against jail authorities under Chapter X, IPC 1860 / Chapter XIII, Bhartiya Nyaya Sanhita 2023 for failure to produce undertrial prisoners.

2025:BHC-AUG:29251

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

919 BAIL APPLICATION NO. 1401 OF 2025

Rameshwar Maroti Haran VERSUS

The State of Maharashtra

Advocate for Applicant : Mr. Shrikant G. Kawade APP for Respondents: Mr. K.K. Naik

CORAM : SANJAY A. DESHMUKH, J. DATED : 14^th OCTOBER, 2025.

PER COURT :-

After hearing learned advocate for the applicant and learned A.P.P. for the State, when this Court expressed disinclination to allow the application, learned advocate for the applicant, on instructions, seeks leave to withdraw this application.

Leave granted. The application stands dismissed as withdrawn.

The applicant is arrested on 25.12.2022. The charge is framed, however, the trial is not started. Considering the right of the accused of speedy trial, as per the provision of Article 21 of the Constitution of India and the law laid down by the Hon’ble Supreme Court in the case of Tapas Kumar Palit vs. State of Chhattisgarh,

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2025 SCC OnLine SC 322 the applicant has right of speedy trial. Therefore, the learned trial court is directed to conclude the trial as early as possible and in any case within a period of six (06) months from today, with following directions:-

I. It is a sessions case and it has to be decided in its literal sense that Session means once it is started it shall not be stopped. The trial court therefore, to proceed with the trial as expeditiously as possible and preferably within the aforesaid period. It is clarified that if any other sessions case is expedited by the Hon’ble Supreme Court or by this court, the priority shall be given to those cases, if any, and thereafter, the sessions case, arising out of the present crime, shall be taken up for disposal.

II. For that purpose, the Trial Court is expected to keep the matter twice or thrice in a week and conclude the trial accordingly, as directed above.

III. The Trial Court is further directed not to grant adjournments if it is prayed on behalf of either the prosecution or the defence, unless there is extreme urgency or reasonable ground. If the accused are not produced, the Trial Court may call the jail authorities and escort party and warn them by passing an order, by giving them an opportunity to produce the accused i.e. under trial prisoners continuously. If it is not followed, then the Trial Court may proceed against those authorities for not following the order of the legal authority of public servant as per the applicable provisions of Chapter X of the Indian Penal Code, 1860 i.e. Chapter XIII of the Bhartiya Nyaya Sanhita, 2023. If the advocates for accused or the public prosecutor are not

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cooperating the Court for conducting the trial expeditiously, the Trial Court may impose heavy costs on the concerned accused.

(SANJAY A. DESHMUKH, J.)

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