6. BA 3677-2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3677 OF 2026 Roshan Hari Savadatkar .Applicant Vs. The State of Maharashtra .Respondent Mr. Vipul Dushing a/w. Mr. Tanmay Kate i/b. Mr. Ajinkya Gaikwad, Advocates, for the Applicant Mr. Y. M. Nakhawa, APP, for the Respondent – State CORAM : MILIND N. JADHAV, J. DATE : 30.09.2026 P. C. 1. Heard Mr. Dushing, learned Counsel for the Applicant and Mr. Nakhawa, learned APP for the Respondent – State. 2. This Application is filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”)/ under Section 439 of the Code of Criminal Procedure, 1973 (for short “CRPC”) in connection with C.R.No. 368 of 2020 registered with Bhosari Police Station, Pune for offences punishable under Sections 302, 324, 352, 143, 144, 146, 147, 148, 149 & 120B of the Indian Penal Code, 1860 (for short “IPC”), under Section 4 read with 25 of the Arms Act, 1959, under Section 37(1) r/w. 135 & 142 of the Maharashtra Police Act and under Sections 3(1)(i)(ii) and 3(4) of the Maharashtra Control Anand 1 of 4 ANAND SUDHAKAR SUDAME Digitally signed by ANAND SUDHAKAR SUDAME Date: 2026.10.01 16:24:56 +0530 6. BA 3677-2026.doc Organised Crime Act (for short “MCOCA”). 3. The Applicant before me is indicted under the Special Act as also under the provisions of the IPC. The only reason which impels me to consider the case of the Applicant for grant of bail is his long incarceration as an undertrial pending trial. He has been arrested on 09.08.2020 and has completed more than six years and one month in prison. Charge has been framed, however, out of the 90 cited witnesses, prosecution has not been able to examine even a single witness until today. Out of the total 11 Accused persons, 8 Accused persons have already been enlarged on bail. One order dated 14.11.2025 passed by the Supreme Court is in the case of Accused No. 11 – Datta Patil which prima facie gives directions for examination of the key witnesses but even that has not been done by the prosecution. 4. Considering the aforesaid, the ground of parity is prima facie applicable to Applicant’s case as also the fact that long incarceration and right to a speedy trial under Article 21 of the Constitution of India is an indefeasible right in such a situation which entails the Applicant to maintain the present Bail Application. I am therefore inclined to allow the Bail Application. 5. Hence, in view of above prima facie observations and finding, Bail Application of Applicant is allowed subject to the following terms Anand 2 of 4 6. BA 3677-2026.doc and conditions:- (i) Applicant – Roshan Hari Savadatkar is directed to be immediately released from prison in connection with CR. No. 368 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 sureties of the like amount; (iii) Applicant shall report to the Investigating Officer at Bhosari Police Station, Pune, once every month, on the first Monday of the month between 10:00 a.m. to 12:00 p.m. until commencement of trial and thereafter shall attend all dates of hearing before the Trial Court; (iv) Applicant shall co-operate with the conduct of the trial and remain present before the Trial Court on all dates, unless specifically exempted. Applicant shall not seek unnecessary adjournments. Any such conduct shall entitle the prosecution to apply for cancellation of bail; (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 Anand 3 of 4 6. BA 3677-2026.doc tamper with the evidence in any manner; (vii) Applicant shall keep the Investigating Officer informed of his current residential address and mobile telephone number and shall forthwith inform the Investigating Officer of any change in his residential address or mobile telephone number, as and when such change occurs; and (viii)Any breach or infraction of any of the aforesaid conditions shall entail cancellation of the 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 uninfluenced with any of the prima facie observations made hereinabove in this order. 7. Bail Application is allowed and disposed in the above terms. (MILIND N. JADHAV, J.) Anand 4 of 4