Amol @ Baba Kacharu Jadhav v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1590 OF 2025 Amol @ Baba Kacharu Jadav ... Applicant.

Vs.

The State Of Maharashtra ... Respondent.

--- Mr. Vaibhav Chandanshire for the Applicant.

Mr. V. N. Sagare, APP for the Respondent/State. --- CORAM : ASHWIN D.BHOBE, J.

DATE : 3rd JULY, 2025.

P.C. :

1.

Heard Mr. Vaibhav Chandanshire, learned advocate for the Applicant and Mr. V. N. Sagare, learned APP for the Respondent State.

2.

By the present Bail Application, filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNNS), the Applicant is seeking bail in connection with Cr. No. 156/2016, registered with Dehu Road Police Station, Dist- Pune, for the offences punishable under Section 302 and 201 of the Indian Penal Code. Said crime is registered as Sessions Case No. 169/2022 and is pending on the file of learned Additional Sessions Judge, Vadgaon Maval, Dist-Pune.

3.

Applicant/Accused was arrested on 15th July 2016. 4.

Case of the prosecution is that the Applicant had a quarrel with Dilip Sonawane. Said quarrel resulted in a fight in which, the Applicant assaulted Dilip, who succumbed to the injuries. 5.

Mr. Vaibhav Chandanshire, learned advocate for the Applicant submits that present Bail Application is pressed on the ground of long incarceration. He submits that the Applicant is in jail for more than 9 years. He submits that the charge was framed on 7th February, 2022 and since then, only one witness has been examined. He submits that prosecution has listed 34 witnesses. He submits that considering the pace at which the trial is proceeding, there is less likelihood of conclusion of the trial in the near future. He relies on the orders of this Court in the case of Vikas Chandrakant Patil v/s. The State of Maharashtra1 and Niklesh Prakash Patil v/s. The State of Maharashtra2 in support of his contention for grant of bail on the ground of long incarceration.

6.

Mr. V. N. Sagare, learned APP for the Respondent-State submits that the only one witness has been examined since framing of charge.

Bail Application No. 1963 of 2025 decided on 9th May 2025. Bail Application No. 1208 of 2025 decided on 8th May 2025.

7.

I perused the record with the assistance of the learned advocate for the parties.

8.

Applicant is in jail from 15th July 2016. From 7th February, 2022 till date the prosecution has examined a single witness. Trial is proceeding at a very slow pace. In such circumstances, the Applicant is justified in pressing into service his right to be enlarged on bail as he cannot continue to be incarcerated, as an under trial prisoner, indefinitely. Applicant is in jail for almost 9 years. It is only on this ground, I am constrained to enlarge the Applicant on bail. 9.

In view of the above, the present Bail Application is allowed on the following conditions :- a) Applicant Amol @ Baba Kancharu Jadhav be released on bail in connection with C. R. No.156 of 2026, registered with the Dehu Road Police Station, District-Pune, on his furnishing PR bond of Rs.10,000/- with one or two sureties in the like amount, to the satisfaction of the Additional Sessions Judge, Vadgaon Maval, Dist- Pune.

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

c) Applicant upon release, within 3 days shall furnish to the Investigation Officer, Dehu Road Police Station, DistrictPune, 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. d) Applicant shall regularly attend the hearing in Sessions Case No.169 of 2022 before the Court of Additional Sessions Judge, Vadgaon Maval, Dist- Pune on the date fixed, unless exempted.

10.

The Bail Application No.1590 of 2025 is disposed off. [ ASHWIN D.BHOBE, J.] Signed by: Harish V. Chaudhari Designation: PA To Honourable Judge Date: 03/07/2025 19:28:50