1 49.BA.1031.2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION NO.1031 OF 2026 Bandu s/o Dohe Joi ..vs.. State of Maharashtra - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri R.R. Maddalwar, Advocate for the applicant. Ms T.H. Udeshi, APP for non-applicant/State. CORAM: M.M. NERLIKAR, J. DATE : 19.08.2026. Heard. 2. By way of this application, the applicant is seeking bail in connection with Crime No.249 of 2021 registered with Aheri Police Station District Gadchiroli for the offence punishable under Sections 302, 147, 148, 149, 120B of the Indian Penal Code, mainly on the ground of delay in trial as well as on parity. 3. The First Information Report came to be lodged against unknown persons who allegedly assaulted the deceased Jagannath Sidam, who died due to the injuries. During the investigation, upon the statement of co- accused, the applicant is arraigned as an accused. 4. Learned Counsel for the applicant is seeking bail on the ground of delay in trial as well as on parity. It is submitted that the applicant came to be arrested on 17.07.2021, charge-sheet was filed on 09.09.2021 and till today 13 witnesses are examined in which 45 witnesses are shown to be examined by the prosecution. To support his submission he invited my attention to the orders of this Court passed in Criminal Application Nos.578/2026 and 763/2026, wherein this Court has 2026:BHC-NAG:10823 2 49.BA.1031.2026 released two co-accused persons on the ground of delay in trial and hence the applicant prayed to be enlarged on bail. 5. On the other hand, learned APP appearing for the State vehemently opposes the application on the ground that 13 witnesses are examined and at the most the Trial Court can be directed to conclude the trial within a stipulated period. Considering the seriousness of offence committed by the applicant, the application is prayed to be rejected. 6. I have considered the rival submissions and perused the record. 7. Hon’ble Supreme Court in the cases of Javed Gulam Nabi Shaikh VS State of Maharashtra and Another, (2024) 9 SCC 813, Sheikh Javed Iqbal VS State of Uttar Pradesh, (2024) 8 SCC 293 and Anoop Singh vs. U.T. of J and K (SLP (Cri) No.1398/2026 ) vide order dated 03.02.2026 has considered the issue of delay in trial stating that the accused cannot be put behind bars for indefinite period, if the trial has not progressed. 8. In view of the above exposition of law and considering the fact that already two co-accused of the same Crime have been released on bail on the ground of delay in trial and in the present case also applicant’s fundamental right of speedy trial guaranteed under Article 21 of the Constitution of India is infringed, I am inclined to enlarge the applicant on bail. Hence the following order : (a) The application is allowed. 3 49.BA.1031.2026 (b) The applicant Bandu s/o Dohe Joi in connection with Crime No.249 of 2021 registered with Aheri Police Station District Gadchiroli for the offence punishable under Sections 302, 147, 148, 149, 120B of the Indian Penal Code be released on bail on furnishing P.R. bond of Rs.50,000/- with one surety in the like amount. (c) The applicant 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. (d) The accused shall provide his residential address and cell number to Police Station concerned and shall not change his place of residence without prior intimation to the Investigating Agency. (e) The accused shall attend each and every date of trial regularly. If he fails to attend the trial for two consecutive dates, or fails to comply with the aforesaid conditions, his default would entail the State to ask for cancellation of bail. 9. All Misc. application(s), pending if any, shall stands disposed of accordingly. (M.M. NERLIKAR , J. ) Trupti Signed by: Trupti D. Agrawal Designation: PA To Honourable Judge Date: 20/08/2026 18:04:23