Omkar Nandkumar Jadhav v. State Of Maharashtra

Nikita

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.5008 OF 2024 Digitally signed by NIKITA KAILAS DARADE Date:

2025.07.23 19:44:15 +0530 NIKITA KAILAS DARADE Omkar Nandkumar Jadhav ... Applicant V/s.

The State of Maharashtra ... Respondent Mr. Nitin Sejpal a/w Ms. Pooja Sejpal a/w Ms. Akshata Desai a/w Mr. Siddharth Gharat for the Applicant. Mr. Amit Palkar, APP for the State.

CORAM

: ASHWIN D. BHOBE, J.

DATED : 23rd JULY, 2025 P.C.:

1.

Heard Mr. Nitin Sejpal, learned Advocate for the Applicant and Mr. Amit Palkar, learned APP for the State. 2.

Applicant by the present application filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, is seeking bail in connection with C. R. No. 244 of 2018 registered with Pandharpur City Police Station, Solapur, for the offences punishable under Sections 302, 303, 120(B), 201, 143, 147, 148, and 149 of the Indian Penal Code, Section 3, 4 5, 25, and 27 of the Indian Arms Act, Section 135 of the Maharashtra Police Act and Sectors 3(1)(i), 3(1)(ii), 3(2), 3(4) of the Maharashtra Control of Organized Crimes Act, 1999. Said crime is registered as Special Case No.1 of 2020 and is pending on the file of the learned Special Judge

(MCOCA) Pandharpur.

3.

There are 27 Accused in the present crime. Applicant is Accused No.11 in the said crime.

4.

Applicant was arrested on 23.03.2018, since then he is in jail. Bail application filed by the Applicant at Exhibit-562 was rejected by the learned Special Judge (MCOCA), Pandharpur by order dated 22.03.2024.

5.

Mr. Nitin Sejpal, learned Advocate for the Applicant submits that the Applicant is seeking bail on two grounds: firstly, on the ground of long incarceration of the Applicant which is almost 7 years and 6 months from the date of his arrest; and secondly, on the ground of parity. He tenders the order dated 13.06.2025 passed by this Court in Bail Application No.4399 of 2024 in Case of Sandip Aadhatrao (Accused No.6). Same is taken on record and marked as "X" for identification. He submits that till date charge is not framed in Sessions Case No.1 of 2020.

6.

Mr. A. A. Palkar, learned APP for the State, on instructions form the Investigation Officer states that the charge in Sessions Case No.1 of 2020 is not framed.

7.

In view of the above said fact, viz. charge not being framed in Sessions Case No.1 of 2020, till date, Applicant who is in jail from 23.03.2018, is justified in pressing his right of bail on the ground of denial of speedy trial, as he cannot continue to be incarcerated as an under trial prisoner, indefinitely. 8.

This Court while considering the bail of Accused No.6 in the

present crime, upon taking note of the long incarceration of the Accused No.6 (paragraph No.5 of the order dated 13.06.2025), released Accused No.6 on bail.

9.

In view of the above facts and considering the decision of Hon'ble Supreme Court in the case of Siddhant @ Siddhant Balu Taktode Vs. The State of Maharashtra and Anr.1, the request of the Applicant is entertained.

10.

Mr. Nitin Sejpal, learned Advocate for the Applicant submits that if indulgence is shown to the Applicant, Applicant has instructed him to make a statement that the Applicant shall not enter into the territorial limits of Pune and Solapur districts, till the conclusion of trial of Sessions Case No.1 of 2020. Statement accepted.

11.

In view of the above, the present Bail Application is allowed, on the following conditions:

a) Applicant is directed to be released on bail in connection with C. R. No. 244 of 2018 registered with Pandharpur City Police Station, Solapur on his furnishing PR bond in the sum of Rs.25,000/- with one or two sureties in the like amount to the satisfaction of Special Judge (MCOCA) Pandharpur.

b) Applicant shall attend and regularly appear before the Special Judge (MCOCA) Pandharpur in Special Case No.1 of 2020 on each date of hearing, unless specifically exempted by the Court.

1 SLP (Cri) No.12939 of 2024

c) Applicant shall report to the Investigation Officer, Pandharpur City Police Station, Solapur on the first Saturday of every month from 10.00 am to 12.00 noon.

d) Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts of the case so as to dissuade him from disclosing the facts to the Court or any police officer and shall not tamper with evidence.

e) Applicant upon his release, within 3 days shall furnish to the Investigation Officer, Pandharpur City Police Station, Solapur his residential address with proof and the contact number and to keep the Investigation Officer intimated about the change in the same from time to time. f) Applicant shall not enter the territorial jurisdiction of Pune and Solapur districts, till its conclusion in Sessions Case No.1 of 2020, except to attend the dates before the Trial Court and for reporting to the Investigation Officer on the first Saturday of every month.

12.

The Bail Application No.5008 of 2024 is allowed in the above said terms.

(ASHWIN D. BHOBE. J.)