1 30-Cr.BA-1110-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION [B.A.] NO. 1110 OF 2026 Niranjana Arun Khobragade and Another -- VERSUS -- The State of Maharashtra __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. Mr. S.V. Sirpurkar a/w. Mr. Mohan Agrawal, Advocates for the Applicants. Ms. S.S. Dhote, A.P.P. for the Non-applicant/State. CORAM : M.M. NERLIKAR, J. DATE : SEPTEMBER 28, 2026. Heard. 2. The present application is filed seeking regular bail in Crime No.248/2024 for the offences punishable under Sections 302, 201 read with 34 of the Indian Penal Code, 1860, registered with Police Station Chamorshi, District Gadchiroli. 3. The prosecution case, in brief, is that the informant - wife of deceased Arun Devaji Khobragade, initially reported his death as an accidental/suspected hanging. During the inquiry, certain discrepancies were noticed regarding the manner of death, and the varying statements regarding the cause of death. Further, the post- Piyush Mahajan 2026:BHC-NAG:12801 2 30-Cr.BA-1110-2026 mortem examination opined that death was due to constriction of the neck by ligature, however, the subsequent medical opinion stated that, in the circumstances noted, suicide by hanging was not possible and that death could have resulted from manual strangulation. On the basis of the inquiry and the material collected. It is alleged in F.I.R. that the informant and her son, in furtherance of their common intention, had caused the death of the deceased. However, they made it appear as a suicide and thereby caused disappearance of evidence. Based on these allegations, First Information Report (F.I.R.) came to be registered. 4. The learned counsel for the applicants submits that the applicants are in jail since 30/08/2024 and, till date, except for the framing of charge, there is no progress in the trial. He further submits that, till today, the Muddemal property has not been deposited by the prosecution. Even the draft charge was not given by the learned A.P.P. for a considerable period. The accused were not produced on certain dates, except when they were produced through V.C. Further, the A.P.P. was absent on many dates and, under such circumstances, since there is no progress in the trial, the fundamental right of the applicants of speedy trial guaranteed under Article 21 Piyush Mahajan 3 30-Cr.BA-1110-2026 of the Constitution of India has been violated, and therefore, on this sole ground, the learned counsel appearing for the applicants seeks bail. 5. On the other hand, the learned A.P.P. vehemently opposes the application and submits that the Advocate for the applicants was contributed to the delay. She submits that since his appointment by the applicants, he remained absent before the trial Court. She further submits that the applicants were produced through V.C. and, therefore, it cannot be said that the applicants were not produced before the Court. Under such circumstances, she submits that the applicants do not deserve to be granted bail. 6. I have considered the rival submissions. I have gone through the status report called by this Court from the trial Court. After perusal of the status report, it appears that the applicants were arrested on 30/08/2024. The charge-sheet was filed on 18/11/2024, and accordingly, the case was committed to the Sessions Court at Gadchiroli on 26/11/2024. It further appears that the Court was also vacant for a considerable period, which could be gathered from the status report, i.e., from 06/06/2024 to 08/10/2024 and from 01/07/2025 to 07/10/2025, and accordingly, the case was transferred from the Court of District Judge-1, Piyush Mahajan 4 30-Cr.BA-1110-2026 Gadchiroli, to the Ad-hoc District Judge-1 & Additional Sessions Judge, Gadchiroli, on 08/10/2025. It further appears that both the applicants, did not appoint a lawyer to represent them till 25/03/2026. Apparently, the charge was framed on 14/08/2026. Still, the case is awaiting the Muddemal. No doubt, for some dates, the counsel for the accused was absent, as the draft charge was not given by the concerned A.P.P. It further appears that the accused were also produced through V.C. on number of dates and, on a few dates, the applicants were not produced from jail. Be that as it may, the fact remains that the applicants are in jail since 30/08/2024, and I do not find that they have contributed to the delay. Considering the length of incarceration, I am inclined to grant bail by imposing stringent conditions. Hence, the following order: O R D E R (i) The Criminal Application is allowed; (ii) The applicant/accused [(i) Niranjana Arun Khobragade and (ii) Smaran Arun Khobragade] be released on regular bail in connection with Crime No.248/2024 for the offences punishable under Sections 302, 201 read with 34 of the Indian Penal Code, 1860, registered with Police Station Chamorshi, Piyush Mahajan 5 30-Cr.BA-1110-2026 District Gadchiroli, on their furnishing a P.R. bond of Rs.50,000/- (Rupees Fifty Thousand) with two solvent sureties each in the like amount; (iii) The accused shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, and also shall not tamper with the evidence; (iv) The accused shall provide their residential address and cell number to the Police Station concerned and shall not change their place of residence without prior intimation to the Investigating Agency; (v) Once the trial commences, the accused shall attend each and every date of trial regularly. If they fail to attend the trial for one single date, or fails to comply with the aforesaid conditions, their default would entail the State to ask for cancellation of bail; (vi) Pending Misc. Application(s), if any, also stand disposed of. [ M.M. NERLIKAR, J ] Piyush Mahajan Signed by: Piyush Ramesh Mahajan Designation: PA To Honourable Judge Date: 28/09/2026 19:09:26