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Bombay High CourtBA/1782/2024disposed off

Md. Javed Md. Jalil v. The State Of Maharashtra

2025-08-11Hon'Ble Shri Justice Arun R. Pedneker3 pages

2025:BHC-AUG:21719

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 25 BAIL APPLICATION NO. 1782 OF 2024 WITH CRIMINAL APPLICATION NO. 5021 OF 2024 IN BA/1782/2024 MD. JAVED MD. JALIL

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mrs. Sonawane Sunita G. APP for Respondent/State : Mr. P.P. Dawalkar ...

CORAM :

ARUN R. PEDNEKER, J.

DATE :

11/08/2025 P.C. :

1.

Heard the learned counsel for the applicant and the learned APP for the respondent-State.

2.

The applicant is seeking bail as he is arrested in connection with Crime No. 212/2019 dated 26.6.2019 registered with Akhada Balapur Police Station, Tq. Kalamnuri, Dist. Hingoli for the offence punishable under sections 363, 386, 120-B, 364(a) of I.P.C.

3.

The learned counsel for the applicant submits that applicant is arrested on 18.7.2019 and he continues to be in jail for long period of time. His earlier bail application has been rejected. The learned counsel submits that as he is behind bars for for more than six years, his right to speed trial is violated. The learned counsel therefore prays to release the applicant on bail. 4.

Considering the submissions of the learned counsel for the applicant, this Court has called status report of from the District Judge, Hingoli. In the status report, the learned District Judge has stated that there are total 47 witnesses in this case and the case is part heard. In the status report, it is stated that as of now 20 witnesses have been examined. There are six

accused in the case and out of them present applicant is under trial prisoner and rest of the accused have already been released on bail. It is stated that the case is pending for recording further evidence of the witnesses. In the status report, it is stated that at present 1410 matters are pending in that court and charge of another court is also kept with that court. 5.

The learned APP strongly opposed the application on the grounds mentioned in status report.

6.

Considering the above status report and considering that applicant's right of speedy trial is violated as he is in custody for last more than 6 years, bail can be granted to the applicant.

7.

In view of the above, the application is allowed in the following terms : a] The applicant shall be released on bail in connection with Crime No. 212/2019 dated 26.6.2019 registered with Akhada Balapur Police Station, Tq. Kalamnuri, Dist. Hingoli for the offence punishable under sections 363, 386, 120-B, 364(a) of I.P.C., on furnishing PR bond of Rs.20,000/- with one or two sureties in the like amount to the satisfaction of the trial Court.

b] The applicant, upon being released on bail, shall not contact the informant or witnesses, in any manner whatsoever, during the pendency of the trial.

c] The applicant shall co-operate with the trial Court and he shall attend each and every date, unless exempted by the Court. d] The applicant shall not tamper with the evidence of the prosecution and he shall not influence the informant, witnesses and other persons concerned with the case.

e] The applicant, upon being released on bail, shall place on record of the trial Court the details of his Contact Number and residential

address with updates in case of any change.

8.

Needless to say, in case of violation of any of the aforesaid conditions, the bail granted to the applicant shall be liable to be cancelled. 9.

It is also clarified that the observations made in this order are limited to the disposal of the present bail application. The concerned Court shall proceed further in the matter without being influenced by the observations made hereinabove.

10.

The application stands disposed of.

[ARUN R. PEDNEKER, J.] SSC/