MANOJ 11-BA-2666-2024.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.2666 OF 2024 Mr. Indresh Kumar Shitla Prasad Jayantri …Applicant V/s. The State of Maharashtra …Respondent Mr. Abdul Rahim Bukhari, for the Applicant. Mr. P.P. Malshe, APP for the Respondent-State. PSI – Ajay M., Arnala Coastal Police Station, Palghar, present. CORAM: SHYAM C. CHANDAK, J. DATED : 7th JULY, 2026 P.C. :- 1. Present Application seeking release of the Applicant on bail in connection with C.R. No.91 of 2022 registered with Arnala Coastal Police Station, Palghar for the offence punishable under Section 302 of the Indian Penal Code, 1860 (for short “I.P.C.”). 2. Heard Mr. Bukhari, learned Counsel for the Applicant and Mr.Malshe, learned APP for the Respondent-State. 3. The prosecution case is that deceased Nirjala was wife of the accused. On 16 March 2022, before 8:30 p.m, at his rented room, the Applicant committed murder of the deceased as she used to quarrel with him on trifle and the Applicant used to suspect that she had love relations with some person. After committing the murder, the Applicant latched the room from outside and disappeared alongwith his two children. Initially, the offence was registered on the Report of the landlady – Ms. Hemlata Baalshi the crime was registered. Thereafter, the Applicant was arrested 25th March, 2022 and finally, he stood charge-sheeted. Page 1 of 3 WAKLE MANOJ JANARDHAN Digitally signed by WAKLE MANOJ JANARDHAN Date: 2026.07.09 15:14:22 +0530 MANOJ 11-BA-2666-2024.DOC 4. Mr. Bukhari, learned Counsel for the Applicant presses this Application for bail only on the ground of long incarceration. He has submitted that the Applicant is in jail for more than 4 years and 3 months. Till date, no charge has been framed against the Applicant. The Applicant is poor and his incarceration is causing great hardship to his two daughters, who are presently residing with Applicant’s father in Uttar Pradesh. Therefore, he has prayed for bail on the ground of long incarceration. 5. Mr. Malshe, learned APP submitted that the case before the trial Court is fixed on 16th July, 2026 for framing of charge. Mr. Malshe submitted that out of 33 witnesses, the prosecution will examine at least 20 to 22 witnesses. This will certainly take a considerable time to conclude the trial. The Applicant is in jail since his arrest on 25th March 2022. It is the right of the accused to have a speedy trial as enshrined under Article 21 of the Constitution of India. In such cases, if the trial is not conducted at the earliest, it results in punitive detention of the accused. No doubt, in this case the Applicant has committed murder of his own wife. The Applicant is poor. His incarceration has been causing great hardship to his daughters, presently aged 7 and 9 years and depending on the old aged father of the Applicant in Uttar Pradesh. Additionally, the Applicant is not likely to abscond and tamper with the prosecution evidence. In the wake of above, the Applicant is entitled for bail. Hence, following Order is passed:- (i) Applicant – Mr. Indresh Kumar Shitla Prasad Jayantri shall be released on bail in connection with C.R. No.91 of 2022 registered with Arnala Coastal Police Station, Palghar for the offence punishable under Section 302 of the I.P.C., on his MANOJ 11-BA-2666-2024.DOC furnishing a P.R. Bond in the sum of Rs.50,000/- with one or two sureties in the like amount. (ii) The Applicant shall mark his attendance at Arnala Coastal Police Station, Palghar, on the 1st day of each calendar month between 12:00 noon to 4:00 p.m., till the conclusion of the trial. (iii) The Applicant shall regularly attend the proceedings before the jurisdictional Court unless exempted by the said Court, for the reasons to be recorded in writing. (iv) The Applicant shall not tamper with the prosecution evidence and shall not directly or indirectly influence upon the prosecution witness to prevent them from deposing against him. (v) On being released from jail, the Applicant shall furnish his contact number and residential address to the Investigation Officer and shall keep him updated, in case there is any change. (vi) By way of abundant caution, it is clarified that the observations made hereinabove are confined for the purpose of determination to the entitlement for bail and they may not be construed as an expression of opinion on the guilt or otherwise of the Applicant and the trial Court shall not be influenced by any of the observations made hereinabove. 6. Application stands disposed off in the aforesaid terms. (SHYAM C. CHANDAK, J.)