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2026 DAILYLAW 18598 (BOM)

RAVI SUNDAR KHILLARE v. STATE OF MAHARASHTRA

BA/1866/2026 · 2026-10-12

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

P.H. JAYANI 56 BA1866.2026.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1866 OF 2026 Ravi Sundar Khillare …. Applicant V/s. The State of Maharashtra …Respondent Mr. Kunal Aher a/w. Mr. Gaurish Satpute for the Applicant. Mr. H.J. Dedhia, APP for the Respondent – State. CORAM: SHYAM C. CHANDAK, J. DATED : 12th OCTOBER, 2026 P.C. :- 1. Heard learned Counsel for the parties. Perused the record. 2. The applicant seeks his release on bail in Sessions Case No.82/2020 pending before the learned Additional Sessions Judge, Kalyan arising out of Cr.No.I-193/2019 registered with Vishnunagar Police Station, Thane for the offence punishable under Sections 302, 506(2) r/w. 34 of the Indian Penal Code and Sections 37(1) and 135 of Maharashtra Police Act, on the report dated 25.09.2019 filed by Mr. Jaswant Ramhari Yadav. 3. The prosecution case is that, at the relevant time, accused No.1 – Ganesh Premnath Bhoir (A2) was doing cleaning work at Sundara Plaza building, Retibandar Road, Dombivali (E). He had love relationship with one girl residing in the same building. The deceased Rakesh Yadav also used to reside in the same building. The deceased had seen A2 and said girl talking and meeting with each other and he had informed about the same to the father of that girl. To avoid embarrassement, the girl was shifted to Uttar P.H. JAYANI 56 BA1866.2026.DOC Pradesh by her father. Therefore, A2 had grudge against the deceased and consequently, the A2 along with the present applicant-Ravi Khillare and one juvenile in conflict with law, committed murder of the deceased. Therefore, both the accused were arrested and charge-sheet was filed against them. The trial Court refused to release the applicant on bail. His 1st bail application i.e., BA/3100/2025 was withdrawn on 18.09.2025 as this Court was not inclined to grant the prayer for bail. However, the trial Court was directed to expedite the trial. Further, liberty was granted to the applicant to file a fresh bail application if the trial is not substantially progressed after six months. 4. Mr. Aher, the learned Counsel for the applicant submitted that after framing of the charge on 31.12.2024, till the date, no witness is examined by the prosecution. As recorded in the earlier Order dated 18.09.2025, the learned APP then stated that the prosecution intend to examine 27 witnesses as per the witness list. In this background, the trial would certainly take a considerable time to conclude. The applicant is in jail for last seven years. As such, the right of the applicant to have the speedy trial is being denied which is curtailing his liberty and causing hardship. Therefore, I am inclined to allow the application. Hence, following Order :- (i) The applicant – Ravi Sundar Khillare be released on bail in the aforesaid Sessions Case No.82/2020 pending before the learned Additional Sessions Judge, Kalyan arising out of Cr.No.I-193/2019 registered with Vishnunagar Police Station, Thane on his executing a P.R. Bond in the sum of Rs.50,000/- with one or two sureties in the like amount. P.H. JAYANI 56 BA1866.2026.DOC (ii) The applicant shall mark his attendance at Vishnunagar Police Station, Thane on 1st day of each month between 11:00 a.m. to 2:00 p.m. till conclusion of the trial. (iii) The applicant shall regularly attend the proceedings before the jurisdictional Court. (iv) On being released from jail, the applicant shall furnish his contact number and residential address to the Investigating Officer and shall keep him updated in case there is any change. (v) The applicant shall not tamper with the prosecution evidence and shall not directly or indirectly influence the prosecution witnesses to prevent them from deposing against him. (vi) It is clarified that any observation made in the present Order are for the purpose of deciding the present Bail Application. The trial Court shall decide the said case without getting influenced by any of the said observations. 5. Bail Application stands disposed of in aforesaid terms. (SHYAM C. CHANDAK, J.) PREETI HEERO JAYANI Digitally signed by PREETI HEERO JAYANI Date: 2026.10.14 18:44:11 +0530