- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1509/2010 Subhash Thakrya @ Tarya Badawant @ Malawant. ...Applicant.. Versus The State of Maharashtra. ...Respondent... ..... Shri P.R. Patil, Advocate h/f Shri V.S. Panpatte, Advocate for applicant. Shri K.S. Patil, APP for respondent. ..... CORAM: A.V. POTDAR, J. DATE: 07.07.2010 PER COURT: - 2 - 1] By the present application, applicant has approached this Court for his release on bail in connection with Crime No.7/2005 in which the applicant was initially shown as absconded accused and the charge-sheet was filed against him u/s.299 of Cr.P.C. The trial against remaining two accused involved in the same offence was disposed of vide judgment and order dated 14.12.2006. The applicant, who is resident of Andhra Pradesh sue motu appeared before the concerned authority and then he was taken in custody on 23.2.2010. As the trial, though in progress but not yet concluded, the applicant has approached this Court for his release on bail. 2] Considering that the offence is under the N.D.P.S. Act and the quantity of seizure of contrabands for which the remaining two accused were tried, but lateron acquitted, this Court does not feel it proper that the applicant, who was away from trial for about five years, will face the trial if released on bail. In the premises, without entering into and touching the merits of the matter, the application is disposed of with a direction to the learned Special Court / Additional Sessions Judge, Biloli, on whose file the trial against the applicant is pending, to dispose of the trial by examining the witnesses on day-to-day basis, but in any case on or before 31.7.2010. It is made clear that defence should cooperate with the Special Judge for disposal of the trial. While counting the period within which the trial is to be disposed of, if the adjournments are asked by the defence, that period be not excluded and if there is proper cooperation by the defence and no adjournment is - 3 - asked, but still the trial is not disposed of till 31.7.2010, the applicant is at liberty to approach this Court for proper direction or order. (A.V. Potdar, J.) ndk/cr771012