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Bombay High CourtBA/3667/2025allowed

Amar Satish Mane v. State Of Maharashtra

2026-02-11Hon'Ble Mrs. Justice Vrushali V. Joshi6 pages

VRJ

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.3667 OF 2025 Amar Satish Mane ... Applicant V/s.

The State of Maharashtra ... Respondent VAIBHAV RAMESH JADHAV VAIBHAV RAMESH JADHAV Date: 2026.02.11 18:42:13 +0530 Mr. Harshvardhan B. Suryavanshi for the applicant. Mr. Pankaj P. Deokar, APP for the State.

Patil, Police Constable, Rajarampuri Police Station, Kolhapur is present.

CORAM : MRS. VRUSHALI V. JOSHI, J.

DATED : FEBRUARY 11, 2026 P.C.:

1.

By the instant bail application filed under Section 439 of the Criminal Procedure Code, 1973, the applicant is seeking regular bail in connection with Crime Register No. 572 of 2022 registered with Rajarampuri Police Station, Kolhapur, for the offences punishable under Sections 302, 323, 143, 147, 148, 149, 504 and 506 of the Indian Penal Code, 1860, and Sections 4 and 25 of the Arms Act, 1959. This is the third bail application preferred by the applicant before this Court. The applicant had earlier approached the Hon'ble Supreme Court, and the application filed by him was

also rejected by the Apex Court.

2.

The prosecution story, in brief, is that the deceased, Kumar Shahuraj Gaikwad, aged 21 years, and the complainant, Shrimant Vasant Gavali (maternal uncle of the deceased), were engaged in the business of purchase and sale of plots. Accused No.1, Amar Mane, who has a criminal background and is known to create terror in the locality, along with his associates, had threatened the complainant and the deceased not to engage in property dealing. Earlier, the deceased had lodged a complaint at Rajarampuri Police Station against Ravi Govind Kamble regarding threats. Subsequently, Ravi Kamble also threatened the deceased to withdraw the said complaint. On 13.11.2022 at about 9.30 p.m., the complainant and the deceased had gone to Kavala Naka for their work and thereafter proceeded towards Rajendra Nagar.

On the way, the deceased asked the complainant to go ahead, stating that he would come later. The complainant stopped near Sayaji Hotel. After some time, the deceased passed by on his motorcycle at high speed, and the complainant followed him. Near Dighe Hospital, Takala, Accused No.1 Amar Mane, Ravi Kamble and their 4 to 5 associates intercepted the deceased.

threatened the deceased and then assaulted him on the mouth with a sword. Ravi Kamble assaulted the deceased on the head with an Edaka (sharp weapon). When the complainant tried to intervene, he was also assaulted by Ravi Kamble. The deceased fell down, and after threatening the complainant with death, the accused fled from the spot.

3.

Learned counsel for the applicant submitted that the earlier two bail applications filed by the applicant were on merits. The applicant has now approached this Court on the ground of long incarceration. It is pointed out that there are five accused in the present case, out of whom four have already been released on bail. The applicant has been in custody since 14th November 2022. The charge was framed on 13th February 2025. It is further submitted that after the Hon'ble Apex Court called for a progress report, there has been no substantial progress in the trial for the last one year. On these grounds, learned counsel prayed that the applicant be released on bail on account of delay in the trial. 4.

Learned counsel for the first informant opposed the application, submitting that the Hon'ble Supreme Court has rejected the applicant's plea on merits. It is contended that this is

not a fit case for releasing the applicant on bail. Hence, it is prayed that the application be rejected.

5.

Learned APP vehemently opposed the application and prayed for issuance of a direction to the Trial Court to expedite the trial. 6.

Heard learned advocates for respective parties. 7.

As this is the third bail application filed on the ground of delay in trial, a status report was called for and has been received. As per the status report, the muddemal was deposited on 10th October 2025. The reasons assigned for the delay in the trial are that the accused who are on bail are not regularly appearing before the Court, and that the APP who was conducting the trial has resigned and no other APP has been appointed, resulting in delay in the proceedings.

8.

Considering the reasons assigned by the Trial Court for the delay in the trial, the same are not satisfactory. Despite the charge having been framed, no effective steps have been taken by the Trial Court for the last one year to commence the trial. 9.

Learned counsel for the informant submitted that he has not received any summons from the Trial Court, though he is ready

and willing to appear and participate in the trial. As the reasons assigned by the Trial Court for the delay are not satisfactory, and since the delay is attributable to the prosecution, the applicant is entitled to be released on bail.

10.

Hence, following order is passed:

i) The bail application is allowed;

ii) The applicant - Amar Satish Mane is directed to be released on regular bail in connection with Crime Register No. 572 of 2022 registered with Rajarampuri Police Station, Kolhapur, for the offences punishable under Sections 302, 323, 143, 147, 148, 149, 504 and 506 of the Indian Penal Code, 1860, and Sections 4 and 25 of the Arms Act, 1959, upon furnishing a personal bond of Rs. 50,000/- with one or more solvent sureties in the like amount, to the satisfaction of the Trial Court, subject to the following conditions: a) The applicant shall report the Rajarampuri Police Station, Kolhapur on first Monday of every month between 10.00 a.m. to 12.00 noon, until further orders.

b) The applicant shall not tamper with the evidence or attempt to influence any witness.

c) The applicant shall appear before the Trial Court on every date of hearing unless prevented by sufficient cause. d) The applicant shall not leave the territorial jurisdiction of the Trial Court without prior permission.

e) The applicant shall not indulge in any criminal activity during the pendency of the trial.

f) Any breach of these conditions shall result in the prosecution moving for cancellation of bail before the Trial Court.

11.

The bail application is allowed and disposed of. (MRS. VRUSHALI V. JOSHI, J.)