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2026 DAILYLAW 15666 (BOM)

AJIT BALASO PATIL v. STATE OF MAHARASHTRA AND ANOTHER

BA/767/2026 · 2026-10-06

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Judgment text

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66-BA-767-2026 (CR).docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLN. NO. 767 OF 2026 Ajit Balaso Patil …...Applicant Versus. State Of Maharashtra & Anr. …...Respondents ----- Mr. Onkar Bajaj a/w. Mr. Priyal Sarda (Through V.C.) for Applicant. Dr. A.A. Takalkar, A.P.P. for Respondents-State. Officer : PSI Mr. Deepak Mane, Shivajinagar Police Station, present. ------- Coram : ASHWIN D. BHOBE, J. Date : 6th October 2026. PER COURT : 1. Heard, Mr. Onkar Bajaj, learned Advocate for the Applicant and Dr. Takalkar, learned A.P.P. for the Respondents-State. 2. By this Application, filed under Section 483 of the BNSS 2023, the Applicant seeks regular bail in connection with Crime No. 332 of 2018, dated 17th September 2018, registered at Shivajinagar Police Station, District Kolhapur, for offences punishable under Sections 302 and 307 of the Indian Penal Code (IPC). osk 1 of 5 66-BA-767-2026 (CR).docx 3. Mr. Onkar Bajaj, learned Advocate for the Applicant, states that the Applicant is the sole accused in Crime No. 332 of 2018. He further states that the said crime is registered as Sessions Case No. 03 of 2019 and is pending before the learned Additional Sessions Judge, Ichalkaranji (“Trial Court”). 4. The prosecution case is that on 17th September 2018, the Applicant committed the murder of his father-in-law, Dhondiram Ravan, owing to a quarrel arising out of a matrimonial dispute between the Applicant and his wife. During the quarrel, the Applicant assaulted his father-in-law. Dhondiram Ravan succumbed to the injuries sustained in the assault. 5. The Applicant was arrested on 19th September 2018. His bail application at Exhibit-10, filed in Sessions Case No. 03 of 2019, was rejected by the Trial Court on 24th September 2021. 6. Mr. Onkar Bajaj, learned Advocate for the Applicant, submits that the Applicant seeks bail on the ground of long incarceration. He submits that the Applicant has been in custody since 19th September 2018 and remains so. He submits that, although the prosecution has enlisted 28 witnesses, only 8 have been examined to date. He submits that the Applicant's right to a speedy trial has been infringed. He therefore requests that the Applicant be released on bail. osk 2 of 5 66-BA-767-2026 (CR).docx 7. Dr. A. A. Takalkar, learned A.P.P. for the Respondents-State, does not dispute that the Applicant was arrested on 19th September 2018, that only eight witnesses have been examined in Sessions Case No. 3 of 2019 and that the prosecution intends to examine the remaining 20 witnesses. She submits that the offence committed by the Applicant is serious and has resulted in the death of his father-in-law. 8. Undeniably, the Applicant has been in custody for almost eight years and ten days since his arrest. The trial is still in progress and the prosecution has yet to examine 20 more witnesses. 9. To a query put to Dr. A. A. Takalkar, learned A.P.P. for the Respondents- State, as to whether the material witnesses, namely, the daughter of the deceased and the wife of the Applicant, have been examined in Sessions Case No. 03 of 2019, she, on instructions, answers in the affirmative. 10. Considering that the Applicant has been in custody for almost eight years, that the trial is still in progress and that it may take some time to conclude, Mr. Onkar Bajaj, learned Advocate for the Applicant, is justified in submitting that the Applicant's right to a speedy trial has been infringed. 11. It is only on the ground of long incarceration that this Court is compelled to show indulgence and grant the Applicant bail. osk 3 of 5 66-BA-767-2026 (CR).docx 12. In view of the above, the Application is allowed on the following terms: (a) The Applicant in Crime No. 332 of 2018, dated 17th September 2018, registered with Shivajinagar Police Station, District Kolhapur, shall be released on bail upon furnishing a P.R. bond of Rs. 50,000/- (Rupees Fifty Thousand only), with one or two sureties in the like amount to the satisfaction of the Additional Sessions Judge, Ichalkaranji in Sessions Case No. 3 of 2019. (b) The Applicant shall report to the Investigating Officer on the second Monday of every month from 10.00 a.m to 11.00 a.m. until the conclusion of the trial in Sessions Case No. 03 of 2019. (c) The Applicant shall regularly appear before the Trial Court in Sessions Case No. 03 of 2019 unless specifically exempted. If the Applicant fails to appear before the Trial Court on the fixed date, the same will be treated as a breach of condition, and the Trial Court, District Pune, will be at liberty to pass appropriate orders. (d) The Applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case to dissuade such person from disclosing the facts to the Court or any police officer. (e) The Applicant shall not tamper with evidence in any manner. (f) Within three (3) days of his release, the Applicant shall provide the Investigating Officer with his residential address and proof thereof, his contact numbers and must inform the Investigating Officer of any changes to this information from time to time. osk 4 of 5 66-BA-767-2026 (CR).docx (g) In the event of any default in complying with the conditions or misuse of the liberty granted to the Applicant, the prosecution shall be at liberty to seek cancellation of bail before the Trial Court. 13. The Criminal Bail Application No. 767 of 2026 is disposed. [ ASHWIN D. BHOBE, J. ] osk 5 of 5 OMKAR SHIVAHAR KUMBHAKARN Digitally signed by OMKAR SHIVAHAR KUMBHAKARN Date: 2026.10.07 10:53:42 +0530