Order 300926ba1246.26 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION [BA] NO. 1246 OF 2026. 1.Pravin Vishnu Dhotre. 2.Piraji Vyankati Jadhao 3.Chandu @ Chandya Laxman Raut. 4.Shivaji Laxman Shelke 5.Raju @ Butkya Bhimrao Devkar -VERSUS- State of Maharashtra Office notes, Office Memoranda of Coram, appearances, Court's orders Court’s or Judge’s Orders or directions and Registrar’s orders. Shri R.M. Daga, Advocate for Applicants. Shri H.D. Marathe, A.P.P. for the Non-applicant /State. CORAM : M.M. NERLIKAR, J. DATE : SEPTEMBER 30, 2026. Heard learned counsel for the parties. 2. Applicants came to be arrested in connection with Crime No.388 of 2024 registered with Mahagaon Police Station District Yavatmal, for the offence punishable under Section 397 of the Indian Penal Code. Bail is claimed mainly on the ground of delay in trial. 3. The first information report came to be lodged alleging that on the night of 08.06.2024, six unknown persons Rgd. 2026:BHC-NAG:13058 Order 300926ba1246.26 2 committed dacoity /robbery at the informant’s house of total amount of Rs.33,50,000/-. During the investigation, applicant was arraigned as an accused. 4. The learned Counsel for applicants submit that there is an inordinate delay in trial. The first information report was registered on 09.06.2024, applicant was arrested on 21.06.2024. 22.08.2024, 02.08.2024, 23.06.2024 and 02.08.2024 respectively, whereas the charge-sheet was filed in the month of September, 2024 and charges were framed on 16.12.2025 i.e. nearly after one and half year from the date of arrest. However, till today not a single witness has been examined. The learned Counsel for applicants submit that 16 dates were given for production of muddemal, however same were produced only after the order of this Court passed in Criminal Application filed by co-accused Shivaji Garad, calling the status report from the Trial Court. Out of those 16 dates, for 11 dates, applicants were not produced before the Trial Court. The prosecution has listed 25 witnesses for examination in the charge-sheet. Therefore, considering all these aspects, applicants be enlarged on bail. He submits that this Court has already granted Bail to Shivaji Garad (co-accused) on the same Rgd. Order 300926ba1246.26 3 ground of delay in trial, and therefore, same treatment is required to be given to present applicants. 5. On the other hand, learned APP vehemently opposed the application by submitting that two years and two months period of jail cannot be called as delay in trial. At least some breathing time should be given to the prosecution to take steps. The charges were framed on 16.12.2025 and thereafter the matter was listed for production of muddemal. Therefore, considering the seriousness of crime, the application be rejected. 6. I have considered the rival submissions and perused the record. Though earlier this Court had expressed disinclination to grant bail to some applicants, however, it is also a fact that co-accused is already released on bail vide order dated 02.09.2026 by this Court on the ground of delay in trial. 7. From the record it appears that applicants are behind bars since 21.06.2024. 22.08.2024, 02.08.2024, 23.06.2024 and 02.08.2024 respectively and till today there is no progress in trial as after framing of charge. For near-about 9 months dates were given for production of muddemal. On some dates applicants were not produced from the jail. In the charge-sheet total 25 witnesses are enlisted and therefore, the trial will take Rgd. Order 300926ba1246.26 4 time to conclude and also that the summons are yet to be issued to the witnesses as the prosecution has filed an application for issuance of summons on 28.08.2026, which can be gathered from the status report. Considering all these aspects and the fact that fundamental right of speedy trial guaranteed to applicants under Article 21 of the Constitution of Indian is grossly violated, I am inclined to enlarge them on bail on the ground of delay in trial. Hence the following order: ORDER (i) Criminal Application is allowed and disposed of. (ii) Applicants /accused 1.Pravin Vishnu Dhotre, 2.Piraji Vyankati Jadhao, 3.Chandu @ Chandya Laxman Raut, 4.Shivaji Laxman Shelke and 5.Raju @ Butkya Bhimrao Devkar be released on regular bail in connection with Crime No. 388 of 2024 registered with Mahagaon Police Station District Yavatmal, for the offence punishable under Section 397 of the Indian Penal Code on their furnishing P.R. Bond of Rs.50,000/- with two sureties each in the like amount. (iii) The accused shall not enter within the territorial jurisdiction where the informant is residing, except for attending the trial, till its completion. Rgd. Order 300926ba1246.26 5 (iv) The accused shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, as also shall not tamper with the evidence. (v) The accused shall provide their residential address and cell number to Police Station concerned and shall not change their place of residence without prior intimation to the Investigating Agency. (vi) The accused shall attend each and every date of trial regularly. If they fail to attend the trial for one single date, or fail to comply with the aforesaid conditions, their default would entail the State to ask for cancellation of bail. (vii) The above observations are prima facie in nature, and restricted for the purpose of deciding this application. The Trial Court shall not get itself influenced by said observations, during the course of trial. (viii) Misc. Applications, if any, are also disposed of. JUDGE Rgd. Signed by: R.G. Dhuriya (RGD) Designation: Senior Pvt. Secretary Date: 01/10/2026 15:58:16