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2026 DAILYLAW 10352 (BOM)

TUSHAR ALIAS BABLU RAJARAM DHAMDHERE v. STATE OF MAHARASHTRA

BA/2215/2026 · 2026-09-23

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Judgment text

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35.BA.2215.2026.doc HARSHADA H. SAWANT (P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.2215 OF 2026 Tushar alias Bablu Rajaram Dhamdhere .. Applicant Versus State of Maharashtra .. Respondent ....................  Mr. Karan Singh Rajput a/w. Mr. Fauzan Shaikh, Advocates for Applicant.  Ms. Rajeshree Newton, APP for Respondent.  API – Priyanka Gaikwad, Uttam Nagar Police Station, Pune City. ................... CORAM : MILIND N. JADHAV, J. DATE : SEPTEMBER 23, 2026 P.C. : 1. Heard Mr. Rajput, learned Advocate for Applicant and Ms. Newton, learned APP for Respondent. 2. This is an Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking Bail in connection with C.R. No.1192 of 2020 registered with Uttamnagar Police Station for offences punishable under Sections 302 and 498-A of the Indian Penal Code, 1860. 3. Applicant is arrested on 10.09.2020 and has been in incarceration since then for offences punishable under 302 and 498-A of the Indian Penal Code, 1860. Trial has commenced but vide order dated 16.06.2026, learned Sessions Judge has observed and recorded in the order that Applicant appears to be of unsound mind. In that 1 of 4 35.BA.2215.2026.doc view of the matter, trial has been adjourned sine die. Though prisoner’s medical report was called on the aforesaid ground and reason, the same having been placed before me however it states that prisoner has no medical complaint. 4. Be that as it may, rather than this Court going into the issue as to who is right or who is wrong it would be appropriate that the case of Applicant is considered for release on bail on the ground of long incarceration without delineating any opinion on merits of the matter lest it would affect the ongoing trial. 5. In that view of the matter, Applicant is granted bail subject to following conditions:- (i) Applicant is directed to be immediately released from prison in connection with Crime No. 1192 of 2020; (ii) Applicant is directed to be released on bail on furnishing P.R. Bond of Rs. 15,000/- (Rs. Fifteen Thousand only) with one or two surety / sureties of the like amount; (iii) Applicant shall report to the Investigating Officer at the concerned Police Station, once every month on the first Monday of the month between 10:00 a.m. to 12:00 p.m.; 2 of 4 35.BA.2215.2026.doc (iv) Applicant shall co-operate with the conduct of trial and attend the Trial Court on all dates, unless specifically exempted and will not take any unnecessary adjournments, if he does so it will entitle the prosecution to apply for revocation of this order; (v) Applicant shall not leave the State of Maharashtra without prior permission of the Trial Court; (vi) Applicant shall not influence any of the witnesses or tamper with the evidence in any manner; (vii) Applicant shall keep the Investigating Officer informed of his current address and mobile contact number and / or change of residence or mobile details, if any, from time to time, as applicable; and (viii)Any infraction of the conditions shall entail cancellation of bail granted to the Applicant. 6. It is clarified that the observations made in this order are limited for the purpose of granting Bail only and I have not made any observations on merits of the case. The trial shall be adjudicated on the strength of the evidence led and strictly on its own merits being 3 of 4 35.BA.2215.2026.doc uninfluenced with any of the prima facie observations made hereinabove in this order. 7. Bail Application is allowed and disposed of in the above terms. H. H. SAWANT [ MILIND N. JADHAV, J. ] 4 of 4 HARSHADA HANUMANT SAWANT Digitally signed by HARSHADA HANUMANT SAWANT Date: 2026.09.23 15:12:17 +0530