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S. G. MEHARE
Ganesh Baburao Kharat – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT/ORDER
1. Heard the learned counsel for the applicant, the learned A.P.P. for the respondent/State and the learned counsel for the informant.
2. The record reveals that the trial was protracted due to an application filed by the complainant to transfer the Sessions Trial on so-called apprehension of getting no justice for him. His application for transfer of the Sessions Case was rejected. He had preferred Criminal Writ Petition before this Court against the said order, and that has also been dismissed his petition.
3. The roznama (daily order sheet) referred to by the learned counsel for the applicant reveals that the learned Public Prosecutor was absent. However, after the order passed by this Court dismissing the Writ Petition of the complainant, around six witnesses were examined. The accused has a right to have a speedy trial. At the same time, papers reveal that few witnesses remained to be examined.
4. It appears that around 11 witnesses have been examined, and there is a possibility of completing the trial in the near future. However, Court is not oblivious that the summer vacations are approaching. Therefore, instead of granting bail, the learned Additional Sessions Ju
The right to a speedy trial is a fundamental right under Article 21 of the Constitution, and adequate communication between undertrial prisoners and their lawyers is essential to uphold justice.
The right to a speedy trial under Article 21 mandates that trials should not be unduly delayed, balancing procedural fairness with judicial efficiency.
The accused's right to a speedy trial and the duty of the prosecution and the court to expedite the trial.
(1) Adjournment – Impediment in speedy trial – Legislature itself has frowned at granting adjournment on flimsy grounds – Even in cases where accused had been enlarged on bail right to a speedy trial....
Accused have a right to represent themselves through a pleader but cannot cross-examine witnesses using non-advocates without court permission, ensuring procedural integrity.
The right to a speedy trial is fundamental under Article 21, emphasizing the need for courts to avoid undue delays and not show leniency towards accused in serious crimes.
A party cannot be penalized for the fault of their counsel, and lawyers must fulfill their professional duties to maintain public confidence in the judicial system.
The main legal point established is that once the examination of a witness begins, the trial should proceed continuously, with adjournments only granted for the strongest possible reasons, and the du....
The court established that both prosecution and defense must be heard before trial scheduling, ensuring the accused's right to a fair trial and legal representation.
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