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2026 DAILYLAW 15581 (BOM)

SUJATA SANDIP WAGASKAR v. STATE OF MAHARASHTRA

IA/3394/2026 · 2026-10-07

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Judgment text

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1 903-BA 3554-26 @ IA.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.3554 OF 2026 Nilesh Narayn Waghaskar … Applicant Vs. The State of Maharashtra … Respondent WITH INTERIM APPLICATION NO.3394 OF 2026 IN CRIMINAL BAIL APPLICATION NO.3354 OF 2026 ----- Mr. Manoj Mohite, Senior Advocate a/w Shailesh Kharat, Onkar Chaudhari, Shreyash More for the Applicant. Mr. V. N. Sagare, APP for the Respondent-State. Mr. Piyush Toshnival a/w Vedant Jagtap for the Applicant-Intervener in IA No.3394 of 2026. ----- CORAM : N.R. BORKAR, J. DATE : 07TH OCTOBER 2026 P.C. : 1. This is an Application for regular bail. 2. The bail is inter-alia sought on the ground of long incarceration. 3. Learned Senior Counsel for the Applicant submits that the Applicant is in jail for five years. It is submitted that except framing of charge on 19th November 2024, there is no progress in the trial. It is submitted that the prosecution has cited 33 witnesses and thus the trial is not likely to be concluded in the near future. It is further submitted that the other co- accused are released on the ground of long incarceration. Learned Senior Mugdha 1 of 2 MUGDHA MANOJ PARANJAPE Digitally signed by MUGDHA MANOJ PARANJAPE Date: 2026.10.07 19:16:53 +0530 2 903-BA 3554-26 @ IA.doc Counsel for the Applicant has relied upon the order passed by the Hon’ble Supreme Court in Petition for Special Leave to Appeal (Cri.) No.7502 of 2026 dated 04th May 2026 to submit that the Hon’ble Supreme Court in the similar circumstances has granted bail on the ground of long incarceration. 4. On the other hand, Learned APP for the Respondent-State and Learned Counsel for the Intervenor (the wife of the deceased) submit that the case is based on direct evidence. It is submitted that the deceased was brutally murdered. It is submitted that the trial could not proceed as FSL report was not received. The Learned Counsel for the Intervenor submits that the Intervenor will not object to release of the Applicant on bail if the trial is not concluded within a period of three months. 5. Considering the overall facts and circumstances of the case, I am inclined to grant one more opportunity to the prosecution. 6. The Criminal Bail Application is thus disposed of with liberty to the Applicant to file an application for bail before this Court if the trial is not concluded within a period of three months from today. 7. The Interim Application shall also stand disposed of. (N.R. BORKAR, J.) Mugdha 2 of 2