Ramesh Dhondu Zhore v. State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2684 OF 2025 Ramesh Dhondu Zhore ... Applicant.
Vs.
The State of Maharashtra ... Respondent.
--- Mr. Dilip Shinde, Advocate for the Applicant. Mr. Amit Palkar, APP for Respondent/State.
**** CORAM :
ASHWIN D. BHOBE, J.
DATE :
10th JULY, 2025 P.C. :
1.
Heard Mr. Dilip Shinde, learned Advocate for the Applicant and Mr. Amit Palkar, learned APP for State. 2.
By the present Application filed under section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short "BNSS"), the Applicant is seeking regular bail in Crime No. 1321 of 2018 registered with Khed Police Station, Ratnagiri, for offences punishable under Sections 302, 364, 201, 120B of the Indian Penal Code.
3.
Applicant was arrested on 23rd June, 2018 and since then
he is in custody. Bail Applications filed by the Applicant on earlier occasions have been rejected on merits.
4.
Mr. Dilip Shinde, learned Advocate for the Applicant states that the above said crime is registered as Sessions Case No. 19 of 2018 and the same is pending on the file of the learned Additional Sessions Judge, Pune. Mr. Dilip Shinde states that the trial is still not concluded. He states that the trial is proceeding at very slow pace. He states that he has specific instructions from the Applicant to press into service the right of the Applicant to have speedy trial. He states that the Applicant has been incarcerated for last 7 years and 4 months. He submits that he is the only family member for his mother. He relies on the orders of this Court in the cases of Vikas Chandrakant Patil v/s. State of Maharashtra1 and Niklesh Prakash Patil v/s. State of Maharashtra2 in support of his submissions on grant of bail on ground of long incarceration. 5.
Mr. Amit Palkar, learned APP submits that after framing of charge, three prosecution witnesses have been examined in Sessions Case No. 19 of 2018. He submits that Prosecution intends BA No. 1963 of 2025 dated 9th May, 2025.
BA No. 1208 of 2025 dated 9th May, 2025.
to examine more witnesses, which includes the Investigating Officer. He does not dispute that the Applicant is in custody for last 7 years and 2 months as stated by Mr. Dilip Shinde, learned Advocate for the Applicant.
6.
Applicant has been incarcerated since the year 2018. Taking note of the fact that the trial is still in progress and there are further witnesses to be examined as stated by the learned APP, the Applicant is justified in pressing into service Applicant's right to be enlarged on bail, as he cannot continue to be incarcerated as an under-trial prisoner indefinitely. Applicant has been incarcerated for 7 years and 2 months. Trial is likely to take long time. 7.
It is on the ground of long incarceration and considering the law on long incarceration and delay in conclusion of trial, that prayer of the Applicant is being entertained. 8.
Bail Application is allowed on the following conditions : (a) Applicant be released on bail in Crime No. 132 of 2018 registered with Khed Police Station, Ratnagiri upon furnishing P.R. Bond in the sum of Rs. 25,000/- with one or two sureties in the
like amount to the satisfaction of learned Additional Sessions Judge, Khed.
(b) Applicant shall regularly appear before the learned Additional Sessions Judge, Khed as and when the date in Sessions Case No. 19 of 2018 is fixed, unless exempted by the Court. (c) Applicant shall not influence or interfere with witnesses or tamper with the evidence.
(d) Applicant upon release, within 3 days shall furnish his residential addresses with proof and contact details to the Investigating Officer, Khed Police Station, Ratnagiri. 9.
Criminal Bail Application No. 2684 of 2025 is disposed of. (ASHWIN D. BHOBE, J.) by GAYATRI RAJENDRA SHIMPI Date:
2025.07.10 21:08:27 +0530 GAYATRI RAJENDRA SHIMPI