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Bombay High Court

AJAY ASHOK BARI (BUNDHE) AND OTHERSversusTHE STATE OF MAHARASHTRA

Disposal
DISPOSED OFF

Holding

The petition is dismissed; the High Court will not direct the lower court to expedite the trial.

Summary

The petitioners, including a driver at Bhabha Atomic Research Centre, filed a criminal writ petition seeking the High Court's direction for the speedy disposal of Sessions Case No.147 of 2022 pending before the District Judge in Jalgaon, alleging that the delay was affecting the petitioner's promotion prospects. The petitioners argued that expeditious disposal was necessary to prevent prejudice to his employment. The Court examined the request in the context of the heavy pendency of cases before the district courts. It held that, given the existing backlog, it was not appropriate to intervene by imposing a specific timeline on the lower court. Consequently, the petition was disposed without granting any relief. The decision underscores the Court's reluctance to interfere with the trial schedule of lower courts solely on administrative grounds.

Issues considered

  • Whether the High Court can direct a lower court to dispose of a pending criminal case within a stipulated time frame
  • Whether delay in a criminal trial can be remedied through a writ petition on the ground of adverse impact on the petitioner's promotion

Subjects

  • criminal procedure
  • speedy trial
  • writ petition
  • administrative consequences
  • court pendency
  • promotion

Judgment

2026:BHC-AUG:37424-DB
                                                                        928 wp 1713-25 .




                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             BENCH AT AURANGABAD

                   928 CRIMINAL WRIT PETITION NO. 1713 OF 2025

                        AJAY ASHOK BARI (BUNDHE) AND OTHERS
                                         VERSUS
                             THE STATE OF MAHARASHTRA
                                            ...
          Mr. Niranjan Vasant Dhake, Advocate for the Petitioners
          Mr. A. S. Shinde, APP for Respondent-State
                                            ….
                                  CORAM        : SANDIPKUMAR C. MORE &
                                                 VAISHALI PATIL-JADHAV, JJ.

                                  Date         :   19/08/2026

          PER COURT :
          1.   Heard.
          2.   Learned counsel for the petitioners seeks a direction for the
          expeditious disposal of Sessions Case No.147 of 2022, pending before
          the learned District Judge-2 and Additional Sessions Judge, Jalgaon,
          mainly on the ground that Petitioner No.1 is working as a driver at the
          Bhabha Atomic Research Centre and due to the pendency of the
          aforesaid case against him, he is not being considered for regular
          promotion.
          3.   However, considering the heavy pendency of cases before the
          learned District Judges, we are not inclined, at this stage, to grant any
          relief in favour of the petitioners or to direct the concerned Judge to
          decide the case within a stipulated time frame. Accordingly, the petition
          stands disposed of.




          [VAISHALI PATIL-JADHAV]                     [SANDIPKUMAR C. MORE]
                       JUDGE                                JUDGE


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