36. BA-752-26.odt Amberkar IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 752 OF 2026 Dilip Dnyaneshwar Pawar .. Applicant Versus The State of Maharashtra & Anr. .. Respondents ....................  Mr. Aniket Nikam a/w Ms. Abhilasha Pawar & Mr. Sumit Patil, Advocates for Applicant  Ms. Rajeshree V. Newton, APP for State  Mr. Amol B. Jagtap i/by Mr. Siddharth Bane, Advocate for First Informant  H.V. Waghmare, PSI, Khopoli Police Station, Dist. Raigad ................... CORAM : MILIND N. JADHAV, J. DATE : SEPTEMBER 29, 2026 P. C. : 1. Heard Mr. Nikam, learned Advocate for Applicant; Ms. Newton, learned APP for State and Mr. Jagtap, learned Advocate for First Informant. 2. This is an Application under Section 439 of the Code of Criminal Procedure, 1973 / Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking Bail in connection with C.R. No. 52/2018 dated 16.04.2018 registered with Khopoli Police Station, Dist. Raigad for the offences punishable under Sections 302, 120-B read with 34 of the Indian Penal Code, 1860 (for short "IPC"). 1 of 4 36. BA-752-26.odt 3. Applicant is incarcerated for a period of 5 years 4 months pending trial. Trial has commenced. 15 out of the probable 56 witnesses as cited by the prosecution have been examined. 4. Learned APP would persuade the Court not to grant bail since according to her instructions only 2 witnesses remained to be examined and the next date in the Trial Court is 10.10.2026. She would further argue that during the Covid period, the Applicant was released on bail and therefore that period should not be counted for incarceration. I refuse to agree with such submission made by learned APP primarily because this Court has already taken a stand and a decision that even during the Covid period, it was on the volition of the State that the prisoners were released for their better upkeep and health reasons and therefore assuming that even if they were released during the Covid period on bail, that period will also have to be counted towards the total incarceration for the purpose of long incarceration of the Applicant in jail. The purpose of bail is to ensure that the Applicant attends trial. The purpose is not to indefinitely keep the Applicant in jail at the whims and caprice of the prosecution. There is no material placed on record as to who are the only two witnesses. The time of 5 years 4 months itself is humongous. 5. In so far as the first informant is concerned, Mr. Jagtap apprises the Court that last year, the father of the Applicant had threatened 2 of 4 36. BA-752-26.odt another relative of the first informant and therefore, the Applicant should be denied bail because of such conduct. 6. On prima facie reading of the FIR filed by the concerned first informant's family member, the said contents of the FIR are prima facie unbelievable and it does not inspire any confidence of this Court at all. Needless to state that Applicant cannot be endlessly kept in jail for the trial to conclude. There is absolutely no possibility of the trial being concluded in the near foreseeable future and therefore, considering the aspect of long incarceration, I am inclined to allow the present Application. Hence, the Applicant is released on bail on the following terms and conditions:- (i) Applicant is directed to be immediately released on bail from prison in connection with C.R. No. 52/2018; (ii) Applicant is directed to be released on bail on furnishing P.R. Bond of Rs. 25,000/- (Rs. Twenty Five only) with one or two sureties in the like amount; (iii) Applicant shall report to the Investigating Officer at Khopoli Police Station, once every month on the first Sunday of the month between 10:00 a.m. to 12:00 p.m.; (iv) Applicant shall co-operate with the conduct of trial and attend the Trial Court on all dates, unless specifically 3 of 4 36. BA-752-26.odt 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. 7. 7. Needless to state that the above observations will not come in the way of trial as they are prima facie in nature based on the submissions made and the material placed before this Court. 8. Bail Application is allowed and disposed of in the above terms. Amberkar [ MILIND N. JADHAV, J. ] 4 of 4 RAVINDRA MOHAN AMBERKAR Digitally signed by RAVINDRA MOHAN AMBERKAR Date: 2026.09.29 15:10:42 +0530