Bombay High Court
Sagar Sanjay Patil And Another vs The State Of Maharashtra on 4 March, 2024
131.2024BA
-1-
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
4 BAIL APPLICATION NO. 131 OF 2024
1. Sagar Sanjay Patil
2. Gaurav Vijay Patil
..APPLICANTS
-VERSUS-
The State of Maharashtra
..RESPONDENT
...
Advocate for Applicants : Mr. Pawar Hemantkumar F.
APP for Respondent/State : Mr.Satish A. Gaikwad
.....
CORAM : SANJAY A. DESHMUKH, J.
DATED : 4th MARCH, 2024.
PER COURT :-
1. The arguments of both the sides are heard.
2. The learned advocate for the applicants submitted that
even charge is not framed and presence of some of the accused is
not secured. They are not attending the trial. The advocates for the
accused are also not attending the trial. The learned advocate for the
applicants pointed out the order dated 18 th April, 2023 passed by the
trial Court below Exhibit-1 that accused nos.7 and 8 are present.
Accused no.4 is absent and his N.B.W. returned back unexecuted.
Accused no.5 - Rahul Patil is also under the arrest warrant, his cash
security is forfeited and N.B.W. issued against him through the office
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of the Superintendent of Police, Jalgaon. Accused no.10 Digamber
Koli and accused no.11 Karan Pawra are absent and though arrest
warrant is issued report is not submitted. The advocates representing
these accused persons are not attending the case. The learned
advocate for the applicants further pointed out that now the trial Court
is changed and there is no any progress in the case.
3. The learned APP for the State also submitted that it is
necessary to give directions to the trial Court for expeditious hearing
of the case.
4. The accused persons including the applicants, who are in
jail shall be produced before the Court on each and every date. The
Superintendent of Police, Jalgaon and the Superintendent of Jail,
Jalgaon, both are directed to follow the order and to produce the
persons on each and every date and there is no necessity of special
request for producing them in the form of requisition.
5. This shows that remaining accused persons, who are
released on bail, are misusing the liberty of bail granted to them by
the Court. This also shows that stringent action is necessary against
the absent accused. Many times, the police officials are not executing
the warrants, however, the Superintendent of Police, Jalgaon is
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directed to execute the warrants and report before the trial court
within 15 days from today. Unless this absent accused are kept
behind bar, their advocates will not appear to conduct the trial.
Therefore, the trial Court is directed to get executed the NBW warrant
as expeditiously as possible and if required, the trial Court is at liberty
to cancel the bail granted to them.
6. Further, if the advocates for the accused are not remaining
present to represent their accused for framing the charge and
conducting the trial, then heavy costs can be saddled on the
accused. If they are praying for adjournment without unjust reason
then also heavy costs can be saddled upon them. The trial Court is
expected to secure the presence of the accused and frame the
charge as early as possible and in any case before one month from
today. The trial Court shall report accordingly on or before 10 th April,
2024.
7. The trial Court shall keep in mind that the Hon'ble Supreme
Court in the case of Union of India Vs. K.A. Najeeb, (2021) 3 SCC
713 has observed as under :-
"Under trials cannot indefinitely be detained pending trial.
Ideally, no person ought to suffer adverse consequences
of his acts unless the same is established before a neutral
arbiter. However, owing to the practicalities of real life
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where to secure an effective trial and to ameliorate the risk
to society in case a potential criminal is left at large
pending trial, the Courts are tasked with deciding whether
an individual ought to be released pending trial or not.
Once it is obvious that a timely trial would not be possible
and the accused has suffered incarceration for a significant
period of time, the Court would ordinarily be obligated to
enlarge them on bail. However, he relied on the Judgment
of the Bombay High Court Principal seat passed in
Criminal Appeal No. 355 of 2021 Iqbal Ahmed Kabir
Ahmed Versus The State of Maharashtra Pronounced
on 13th August, 2021 in the said case the Hon'ble Division
Bench discussing the fact has observed in paragraph
No.43 which reads thus :-
"43. Reverting to the facts of the case, as
indicated above, the recording of evidence is yet to
commence. By any standard, it is very unlikely that
the trial would be concluded in a reasonable period.
We have adverted to the nature of the
material/evidence which, according to the
prosecution, incriminates the accused and our
prima facie view thereon. The gravity of the charges
against the appellant is required to be considered
through the aforesaid prism. In any event, the
appellant has already undergone the minimum term
of imprisonment prescribed for the offences
punishable under sections 16, 18 and 18B.
Undoubtedly, the maximum sentence for these
offences may extend to life imprisonment, like the
offence punishable under section 20. The offences
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punishable under sections 38 and 39, and 13 entail
maximum punishment of 10 years and 7 years,
respectively. Evidently, the appellant has
undergone more than half of the maximum
punishment prescribed for the offences, other than
the offences which entail imprisonment for life. In
the later cases also, imprisonment can be from five
years (where minimum is prescribed) to life."
8. Considering all these reasons, the trial Court is expected to
begin and conclude sessions trial in the literal sense of word session.
Needless to mention that the word session means once it is started it
should not be stopped till the trial is concluded.
9. If the accused against whom NBWs are issued are not
traced out within three weeks, the trial Court is directed to frame
charge against the accused persons, who are behind bar and who
are present before him and proceed further with the trial by splitting it.
10. Stand over to 10th April, 2024.
(SANJAY A. DESHMUKH, J.)
sga
