Dhananjay @ Banda Kashinath Sapate v. The State Of Maharashtra

63-BA-3420-2025 (CR).DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3420 OF 2025 Dhananjay @ Banda Kashinath Sapate ...Applicant

Versus

The State Of Maharashtra

...Respondent

Mr. Ramnik P. Pawar, Mr. Amit Waykool, Mr. Parvez Nadaf, Mr. Dinesh S. Sonarlikar, Mr. Rahul Gupta for Applicant. Mr. S. S. Chaudhari APP for the State PSI, R.T. Tavare, Kagal Police Station

CORAM

:

NITIN B. SURYAWANSHI, J.

DATE :

8th JANUARY 2026.

P.C.

1.

This is a second bail application filed by the applicant. F.I.R. is lodged against the applicant on 24th July 2020 vide C.R. No. 243 of IRESH MASHAL 2020 with Kagal Police Station, District: Kolhapur for offences by IRESH MASHAL Date:

2026.01.08 19:46:40 +0530 punishable under Sections 302, read with 34 of the Indian Penal Code and under Sections 4, 7, 25(1-8)(b), 27(3) of Indian Arms Act. 2.

The applicant approached this Court for bail vide Bail Application No. 4200 of 2024. The application was withdrawn with liberty to file fresh application for bail after four months, if the trial is not concluded by that time. In the said order, this Court has observed "Considering the fact that the applicant is in jail for more than four years and seven months, the trial Court shall endeavour to conclude the trial as early as possible".

Iresh

63-BA-3420-2025 (CR).DOC 3.

After passing of the said order, the charge was framed on 25th February 2025. Learned APP on instructions of the Investigating Officer who is present in the Court states that not a single witness has been examined in the trial Court. Thus, there is clear violation of right of speedy trial guaranteed to the applicant under Article 21 of the Constitution of India. It is made clear that the applicant is not entitled for grant of bail on merits. However, as there is violation of the fundamental right of the applicant of the speedy trial, the applicant is entitled to be released on bail on that ground alone. 4.

In the result, the application is allowed. The applicant Dhananjay @ Banda Kashinath Sapate be released on bail in connection with Crime No.243 of 2020 registered with Kagal Police Station, District: Kolhapur for offences punishable under Sections 302, read with 34 of the Indian Penal Code and under Sections 4, 7, 25(1-8)(b), 27(3) of Indian Arms Act, on furnishing P.R. Bond in the sum of Rs. 15,000/- with one surety in the like amount. 5.

The applicant shall not tamper with the prosecution evidence. The applicant shall not enter jurisdiction of Kagal Police Station, District Kolhapur.

(NITIN B. SURYAWANSHI, J.) Iresh