Aman Riyaz Ansari v. State Of Maharashtra
Digitally signed by CHITRA SANJAY SONAWANE Date:
2025.09.29 15:04:00 +0530 CHITRA SANJAY SONAWANE Chitra Sonawane 17-BA-2673-2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION Bail Application No.2673 of 2025 Aman Riyaz Ansari (Presently lodged at Yerwada Central Jail) Age; 27 yrs, Occ: Nil, R/at Kailashnagar, Lonawala, Tal-Maval, Dist. Pune ... Applicant.
Vs.
The State of Maharashtra through Yerwada Police Station, in CR No.476/2019.
... Respondent.
--- Mr Nagesh Khedkar a/w Mr Siddharth Gawande for the applicant.
Mr SS Pednekar, APP for the respondent / State. --- Coram : R.N.Laddha, J.
Date : 29 September 2025.
P.C. :
Heard Mr Nagesh Khedkar, learned Counsel appearing on behalf of the applicant, and Mr SS Pednekar, learned Additional Public Prosecutor representing the respondent/ State.
2.
By this application, the applicant seeks bail in connection with CR No.476 of 2019, registered at Yerwada Page No. 1 of 5
Chitra Sonawane 17-BA-2673-2025.doc Police Station, Pune, for offences punishable under Sections 307 and 506 read with Section 34 of the Indian Penal Code (IPC).
3.
The present applicant, the co-accused and the injured party were under-trial prisoners lodged in Yerwada Central Prison, Pune. It is alleged that on 2 July 2019, a dispute arose between the applicant, along with his associates, and the injured, along with his associates, purportedly on account of a religious issue. During the course of the said altercation, the applicant, in connivance with his associates, is alleged to have assaulted the injured with stones and other objects, thereby attempting to commit his murder. 4.
The learned Counsel for the applicant submits that the applicant has been languishing in jail for an inordinate period exceeding six years and three months, without any substantial progress in the trial proceedings. It is contended that, save for the framing of the charge, which itself was effected nearly a year ago, no further steps have been undertaken towards the commencement or conclusion of the trial. Such prolonged incarceration, in the absence of meaningful advancement in the trial proceedings, Page No. 2 of 5
Chitra Sonawane 17-BA-2673-2025.doc constitutes a grave infraction of the applicant's fundamental right to a speedy trial as enshrined under Article 21 of the Constitution of India. The applicant continues to languish in jail as an under-trial prisoner, notwithstanding the presumption of innocence that operates in his favour until proven guilty. It is further submitted that the delay in the trial is neither attributable to the applicant nor justified by any exceptional circumstances. The prosecution has failed to demonstrate any compelling reason for the stagnation of trial proceedings.
5.
On the other hand, the learned Additional Public Prosecutor representing the respondent/State, has vehemently opposed the application for bail. It is submitted that the offence alleged against the applicant is of a grave and serious nature, carrying a statutory punishment extending up to 10 years of imprisonment. The learned APP contends that, in view of the seriousness of the allegations and the potential ramifications of granting bail in such circumstances, the applicant does not deserve the indulgence of this Court. The learned APP submits that instead of granting bail, the trial may be directed to be conducted on a priority basis and concluded expeditiously. Page No. 3 of 5
Chitra Sonawane 17-BA-2673-2025.doc 6.
It reveals from the record that the applicant has been incarcerated for a period exceeding 6 years and 3 months in connection with the present case. Although the charge was framed approximately one year ago, the trial has not progressed beyond that stage. To date, not a single witness has been examined. The record reveals that there has been an inordinate delay in the conduct of the trial, and there exists no indication that the trial proceedings are likely to conclude in the near future.
7.
In view of the prolonged pre-trial detention of the applicant, coupled with the stagnation in trial proceedings, this Court is inclined to grant bail to the applicant, subject to appropriate conditions to ensure his availability during the course of trial. Hence, the following order :
ORDER
(i) The applicant shall be released on bail in connection with CR No.476 of 2019, registered at Yerwada Police Station, Pune, upon executing a PR Bond of Rs.25,000/- and furnishing one or more sureties in the like amount.
Page No. 4 of 5
Chitra Sonawane 17-BA-2673-2025.doc (ii) The applicant shall regularly attend the trial proceedings and cooperate with the trial Court for the expeditious disposal of the case. (iii) The applicant shall not tamper with the prosecution evidence or attempt to influence any witness in any manner.
8.
The application stands disposed of accordingly. [R. N. Laddha, J.] Page No. 5 of 5