Deepak Shravan Shirsah v. State Of Maharashtra
K.R. Gadekar 915-BA-1674-2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1674 OF 2025 Deepak Shravan Shirsath ...Applicant
Versus
State of Maharashtra
...Respondent
_______________________________________________________________ Mr. Mihir Desai, Senior Advocate, i/b. Akshay Bankapur, for the Petitioner.
Mr. S.A. Karmakar, for the Respondent- State. Mr. Y.M. Gaikwad, API - ATS, Nashik Unit, present. _______________________________________________________________ CORAM: MADHAV J. JAMDAR, J.
DATED: 12 DECEMBER 2025 P.C.:
1.
Heard Mr. Desai, learned Senior Counsel appearing for the Applicant and Mr. Karmakar, learned APP for the State. 2.
This Court by order dated 4th April 2024 allowed withdrawal of the Bail Application with liberty to file fresh Bail Application if there is no substantial progress in the trial. Mr. Desai, learned Senior Counsel submits that although more than one and half year has passed since passing of the said order 4th April, 2024, there is no substantial progress in the trial.
3.
On the other hand, Mr. Karmakar, learned APP submits that during trial two witnesses have been examined and he submits that as on many dates, the Applicant has sought adjournments and therefore,
K.R. Gadekar 915-BA-1674-2025.doc the trial has delayed.
4.
Mr. Desai, learned Senior Counsel, however submits that the substantial delay in the trial is due to the prosecution. 5.
However, it is required to be noted that Mr. Karmakar, learned APP on instructions of Mr. Dinesh Shende, Senior Police Inspector, ATS, submits that steps will be taken to conclude the trial expeditiously and in case to to conclude the same within a period of six months. 6.
In view of the said submission raised by Mr. Karmakar, learned APP, Mr. Desai, learned Senior Counsel seeks withdrawal of the Bail Application with liberty to file fresh Bail Application after a period of six months. However, he states that as there is considerable delay in the trial and as a result of that fundamental right of the Applicant of speedy trial is affected, certain directions be issued. 7.
Perusal of record shows that the concerned Crime i.e. being CR No. 4 of 2020 registered on 8th October, 2020 with Anti-Terrorism Squad Police Station, Mumbai, Nashik Unit for the commission of offences punishable under Section 3, 4 and 5 of the Indian Official Secrets Act, 1923, Section 409 of the Indian Penal Code, 1860 and Section 43, 66B, 66F, 72 and 72A of the Information Technology Act, 2000. 8.
As per prosecution case, the Applicant was employed as Assistant Supervisor (Inspection) at Hindustan Aeronautics Limited at Nashik (Government of India undertaking) and has illegally shared certain
K.R. Gadekar 915-BA-1674-2025.doc sensitive and secret documents and photos on Facebook with a friend viz. one Ms. Prisha Agarwal, residing in United Kingdom. 9.
As per the prosecution case, the Applicant had forwarded fortyfour documents in PDF format, word format and PPT format to said Ms. Prisha Agarwal via e-mail/ Whatsapp . During investigation, it was revealed that the said person by name Prisha Agarwal although residing in United Kingdom was a person from Pakistan. 10.
The case is very serious and in the facts and circumstances and in the interest of justice the trial is required to be conducted in expeditious manner.
11.
Thus, in the facts and circumstances, the learned Special (ATS) Judge and Additional Sessions Judge, Nashik is requested to conclude the trial expeditiously and preferably on or before 31st July, 2026. 12.
Both the sides shall co-operate with the learned Trial Court to conclude the trial expeditiously.
13.
Accordingly, Bail Application is disposed of, as withdrawn, subject to above.
14.
However, in the facts and circumstances as the offence is very serious, stand over to 2nd March 2026 to report progress of the trial. [MADHAV J. JAMDAR, J.]