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Bombay High CourtAPEAL/519/2025disposed off

Prashant Tanaji Jadhav v. State Of Maharashtra And ANR

2026-02-03Hon'Ble Mrs. Justice Vrushali V. Joshi4 pages

VRJ

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.519 OF 2025 VAIBHAV RAMESH JADHAV Prashant Tanaji Jadhav ... Appellant V/s.

The State of Maharashtra & Anr.

... Respondents VAIBHAV RAMESH JADHAV Date: 2026.02.03 18:27:43 +0530 Mr. Satyavrat Joshi (through V.C.) with Mr. Priyesh More i/by Ishan P. for the appellant.

Ms. Ahilya T. Nalawade for respondent No.2 (appointed through Legal Aid).

Mr. Pandurang Munde, PSI, Miraj Rural Police Station, Sangli is present.

CORAM : MRS. VRUSHALI V. JOSHI, J.

DATED : FEBRUARY 3, 2026 P.C.:

1.

The appellant has preferred the present appeal seeking regular bail in connection with Crime Register No. 359 of 2019 registered with Miraj Rural Police Station, Sangli, for offences punishable under Sections 302, 307, 324, 317, 415, 417 read with Section 34 of the Indian Penal Code, 1860, and Sections 3(1)(v) and 3(2)(v-a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, on the ground of inordinate

delay in the trial. The earlier appeal preferred by the appellant was withdrawn, and the present appeal has been filed on the ground of delay in the trial.

2.

This Court, by order dated 8th October 2025, called for a Status Report. Pursuant thereto, the learned District Judge-I and Additional Sessions Judge, Sangli submitted the Status Report on 4th November 2025.

3.

I have perused the said Status Report, and it is surprising to note that although the charge was framed on 17th June 2022, only one witness has been examined so far, that too partly. There are three accused in the present case, out of whom one has been released on bail, while the remaining two are in jail. The trial is based on direct evidence. It is also to be noted that an offence under Section 307 of the Indian Penal Code is registered against the present appellant. The offences alleged are undoubtedly serious in nature.

4.

On perusal of the Status Report, it appears that the learned District Judge-I has assigned reasons such as non-availability of the Public Prosecutor on regular working days. It is stated that the Public Prosecutor is available at Sangli only for few days. It is

further noted that summonses to the witnesses were not issued. For these reasons, the trial could not proceed further. It is also evident that during the last one year only one witness has been examined, whose cross-examination is still incomplete. 5.

Considering the reasons stated hereinabove, and having regard to the fact that the appellant has been in jail for the last six and a half years, the appellant is entitled to be released on bail. Hence, the following order:

i) The appellant - Prashant Tanaji Jadhav is directed to be released on regular bail in connection with Crime Register No. 359 of 2019 registered with Miraj Rural Police Station, Sangli, for offences punishable under Sections 302, 307, 324, 317, 415, 417 read with Section 34 of the Indian Penal Code, 1860, and Sections 3(1)(v) and 3(2)(v-a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, upon furnishing a personal bond of Rs. 50,000/- with one or more solvent sureties in the like amount, to the satisfaction of the Trial Court, subject to the following conditions:

a) The appellant shall not, in any manner, contact the victim or her family members, directly or indirectly. b) The appellant shall not enter the territorial limits of Sangli District during the pendency of the trial, except for the purpose of attending Court for trial.

c) The appellant shall cooperate with the prosecution and attend all trial dates regularly.

d) The appellant shall not tamper with evidence or influence any witness.

e) The appellant shall provide his current residential address and inform the court in case of change of residence. f) The appellant shall not commit any offence during the pendency of trial, failing which his bail is liable to be cancelled.

6.

The appeal is allowed and disposed of.

(MRS. VRUSHALI V. JOSHI, J.)