Extracted from the PDF above. The PDF is authoritative.
306. IA 1148-2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.1148 OF 2026 IN CRIMINAL APPEAL NO.336 OF 2026 Deepak Gulab Bhatambrekar …. Applicant Versus The State of Maharashtra … Respondent ….. Mr. Satyam Harshad Nimbalkar i/b Mr. Abhishek U. Arote for the Applicant. Mr. Amit A. Palkar, A.P.P. for the Respondent-State. ….. CORAM: M.S. KARNIK & SANDESH D. PATIL, JJ. DATED : 14th AUGUST 2026 P.C.
1. By the present Application, the Applicant is seeking his release on bail. The Applicant was convicted and sentenced under the provisions of Sections 302, 139 read with 120-B of the Indian Penal Code, 1860. The Applicant was convicted to undergo imprisonment of life with a fine of Rs.5000/-. 2. We have heard the learned Counsel appearing for the parties. 3. The learned Counsel appearing for the Applicant submitted RaJesh Chittewan, PS 1/4
306. IA 1148-2026.doc that the Applicant was arrested on 12th January 2010. He further submitted that the impugned judgment and order was passed on 19th May 2016 and that the hearing of this Appeal will require some time. The learned Counsel for the Applicant has pointed out that no independent witnesses were examined. He submitted that failure to examine key witness renders the prosecution’s version inherently unreliable. He further submitted that the CCTV footage of the incident, on which the conviction is based, does not infact support the version of the prosecution. 4. The learned A.P.P. appearing for the Respondent has invited our attention to the observations of the learned Trial Court while convicting the Applicant. 5. The impugned judgment and order was passed on 19th May
2016. The Applicant is behind bar since the date of conviction. It is unlikely that the matter can be heard immediately itself and in view of the taking into consideration the law laid down by the Hon’ble Apex Court in the matter of Saudan Singh Vs. State of Uttar Pradesh, [(2023) 17 SCC 446], we are inclined to release the Applicant on bail. The Applicant was on bail during the pendency of the trial, he RaJesh Chittewan, PS 2/4
306. IA 1148-2026.doc has not misused his liberty. In addition to this, the other accused were granted bail by this Court. Hence, on the ground of parity as well, the Applicant deserves to be released on bail.
Hence, the Application is allowed on the following conditions :- : O R D E R : (i) The Applicant be released on bail in connection with the offence registered under Sections 302,149 read with 120-B of the Indian Penal Code, in connection with C.R. No.9 of 2010, on furnishing P.R. bond of Rs.25,000/- with one or two sureties of the like amount. (ii) The Applicant shall report to the Trial Court once in two months on the day specified by the Trial Court, till this Appeal is finally disposed of. (iii) The Applicant shall give details to the Trial Court as well as nearest Police Station where he intends to reside, informing his current address, mobile contact number and the place of residence and mobile details, if any, from time to time. (iv) If there are two consecutive defaults in appearing before the Trial Court, the learned Judge shall RaJesh Chittewan, PS 3/4
306. IA 1148-2026.doc make a report to High Court and the Prosecution is at liberty to file application for cancellation of bail. (v) The Interim Application is disposed of accordingly. (SANDESH D. PATIL, J.)
(M.S. KARNIK, J.) RaJesh Chittewan, PS 4/4 RAJESH VASANT CHITTEWAN Digitally signed by RAJESH VASANT CHITTEWAN Date: 2026.08.14 17:46:31 +0530