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2026 DAILYLAW 19322 (BOM)

IMROJ KHAN AYUB KHAN PATHAN v. THE STATE OF MAHARASHTRA

BA/1075/2026 · 2026-10-12

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Judgment text

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-1- 40-BA-1075-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD BAIL APPLICATION NO. 1075 OF 2026 IMROJ KHAN AYUB KHAN PATHAN VERSUS THE STATE OF MAHARASHTRA ...... Advocate for Applicant : Ms. Smita Chole (Kendre) (Appointed) APP for Respondent - State : Mr. D. J. Patil ...... CORAM : HITEN S. VENEGAVKAR, J. DATED : 12th OCTOBER, 2026 PER COURT : 1. Present application is third bail application filed by the applicant through jail on the ground that the trial is not being conducted regularly and there is delay in holding the trial. 2. The applicant states that he has been arraigned as an accused in connection with Section 302 of IPC and is lingering in jail since 29.09.2023. The Sessions Court rejected the third application, which is exclusively maintained on the ground of no progress in trial, by holding that, the trial has already commenced and out of 27 cited witnesses, four witnesses have been examined. 3. Today, when the matter is called out, the learned APP appearing for the State informs that four witnesses are already examined and the trial will conclude within a period of nine months from today. Tandale 2026:BHC-AUG:48530 -2- 40-BA-1075-2026 4. Learned Advocate appearing for the applicant submits that the applicant has been in jail for a long time and pending trial, the application be considered on its own merits. 5. Taking into consideration that the application is filed solely on the ground of delay in holding the trial, the statement made by the learned APP today suggests that the trial is in progress and four witnesses have been examined. The period of nine months, as indicated by the learned APP, is not a long time in the present matter, wherein the allegations against the present applicant are serious and heinous. The application, therefore, does not require any adjudication as of today. 6. The application stands rejected. 7. Fees of learned Advocate appointed to represent the cause of applicant is quantified at Rs.10,000/- (Rupees Ten Thousand only) to be paid by High Court Legal Services Sub- Committee, Aurangabad. (HITEN S. VENEGAVKAR) JUDGE Tandale