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Bombay High CourtWP/1397/2026disposed off

Abhijit Arun Mankar v. State Of Maharashtra

2026-03-27Hon'Ble Shri Justice Ashwin D. Bhobe6 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 1391 OF 2026 Satish Sanjay Shedge ... Petitioner V/S.

The State Of Maharashtra ... Respondent WRIT PETITION NO. 1395 OF 2026 Nitin Ananta Khaire ... Petitioner V/S.

The State Of Maharashtra ... Respondent WRIT PETITION NO. 1396 OF 2026 Aditya Vijay Gole ... Petitioner V/S.

The State Of Maharashtra ... Respondent WRIT PETITION NO. 1397 OF 2026 Abhijit Arun Mankar ... Petitioner V/S.

The State Of Maharashtra ... Respondent __________________________________________________________ Mr. Simran W., for the Petitioner in Writ Petition No. 1391 of 2026 through VC mode.

Ms. Priyanka Naik, for the Petitioner in Writ Petition No. 1395 of 2026.

Ms. Rui Danawala, for the Petitioner through VC in Writ Petition 1396 of 2026.

Mr. Dilip Shukla a/w Steve Fernandes h/f Davinder Sabharwal, for the Petitioner in Writ Petition No. 1397 of 2026.

Ms. Rajeshree Newton, APP for the Respondent - State in Writ Petition No. 1391 of 2026 and Writ Petition No. 1396 of 2026. Ms. Anuja Gotad, APP for the Respondent - State in Writ Petition No. 1395 of 2026.

Mr. Sukanta Karmakar, APP for the Respondent - State in Writ Petition No. 1397 of 2026.

API Dhavale, Unit-3, Pune City Police Station, is present. __________________________________________________________ CORAM : ASHWIN D. BHOBE, J.

DATE : 27th March, 2026.

P.C. :

1.

Heard.

2.

These four Petitions are filed by the Petitioners, who are in custody regarding an offence registered as Crime No. 2 of 2024 with Kothrud Police Station, for the offences punishable under Sections 302, 307, 120(b), 201, 202, 34 of the Indian Penal Code, 1860, Sections 3, 7, 25, 27 of the Arms Act, 1959, and Sections 37(1), (3), r/w 135 of the Maharashtra Police Act, 1951, as well as Sections 3(1)(i), 3(2), 3(4) of the Maharashtra Control of Organized Crime Act, 1999.

3.

The said crime is registered as Special Case (Sessions) No.

616 of 2024 and remains pending before the District Judge-6 and Additional Sessions Judge, Pune.

4.

The Advocates representing the Petitioners (appointed through the Legal Aid Scheme) submit that the solitary grievance of the Petitioners in these Petitions, who are accused in Special Case No. 4675 of 2024, is that their Bail Applications pending before the Court are not being disposed of. They state that the Petitioners grievance is limited to the delay in the disposal of their Bail Applications.

5.

Mr. Sukanta Karmakar and Ms. Anuja Gotad, learned APPs for the Respondent - State, in all these four Petitions, on instructions from the Investigation Officer, states that the arguments in the Bail Applications filed by all these Petitioners were heard by the District Judge - 6 and Additional Sessions Judge, Pune, and the matters are now posted on 04.04.2026 for orders. He submits that, in all probability, as the bail applications are closed for orders, they will be disposed of on the date fixed. 6.

The statement made by Mr. Sukanta Karmakar and Ms.

Anuja Gotad, learned APPs is not disputed by the learned Advocates appearing for the Petitioners in all these Writ Petitions. 7.

Be that as it may, the Hon'ble Supreme Court in the case of Anna Waman Bhalerao v. State of Maharashtra1, in paragraph No. 18 has observed as follows:

18. We accordingly issue the following directions:- a) High Courts shall ensure that applications for bail and anticipatory bail pending before them or before the subordinate courts under their jurisdiction are disposed of expeditiously, preferably within a period of two months from the date of filing, except in cases where delay is attributable to the parties themselves. b) High Courts shall issue necessary administrative directions to subordinate courts to prioritise matters involving personal liberty and to avoid indefinite adjournments.

c) Investigating agencies are expected to conclude investigations in long-pending cases with promptitude so that neither the complainant nor the accused suffers prejudice on account of undue delay. d) Being the highest constitutional fora in the States, High Courts must devise suitable mechanisms and procedures to avoid accumulation of pending bail/anticipatory bail applications and ensure that the liberty of citizens is not left in abeyance. In particular, bail and anticipatory bail applications shall not be (2025) SCC OnLine SC 1974

kept pending for long durations without passing orders either way, as such pendency directly impinges upon the fundamental right to liberty.

18.1. The Registrar (Judicial) of this Court shall circulate a copy of this judgment to all High Courts for immediate compliance and prompt administrative action.

8.

In view of the above, it is expected that the District Judge - 6 and Additional Sessions Judge, Pune would dispose of the said Bail Applications on 04.04.2026 or at the earliest convenient to the Court.

9.

The Registry of this Court is directed to communicate this Order to the Petitioners who are presently lodged in the Jalna District Prison Jalna, Maharashtra, through the Jail Authorities. 10.

Mr. Sukanta Karmakar and Ms. Anuja Gotad, learned APPs states that the Investigation Officer would place this Order before the District Judge - 6 and Additional Sessions Judge, Pune on 04.04.2026.

11.

In view of the above, learned Advocates for the Petitioners in all these Petitions submit that these Petitions can be disposed of.

12.

Writ Petition Nos. 1391 of 2026, 1395 of 2026, 1396 of 2026 and 1397 of 2026 are disposed of with the above-mentioned observations.

(ASHWIN D. BHOBE, J.) Digitally signed by ARJUN KRISHNA RODGE Date:

2026.04.01 11:02:10 +0530 ARJUN KRISHNA RODGE