1 9 apeal251.26.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPEAL NO.251 OF 2026 Lumaji Shamrao Waghare Vs. State of Mah., thr.PSO Sironcha, Police Station – Sironcha, Tahsil – Sironcha, District Gadchiroli Office Notes, Office Memoranda of Court' s or Judge' s Order Coram, appearances, Court' s Orders or directions and Registrar' s order Shri H.P.Lingayat, Counsel for the Appellant. Shri Amit Chutke, APP for the Respondent/State. CORAM : URMILA JOSHI-PHALKE & RAJ D.WAKODE, JJ. DATED : 21st AUGUST, 2026. 1. Heard. 2. The present appeal is filed challenging rejection of bail application under Section 43D of the Unlawful Activities (Prevention) Act, 1967. 3. The main ground raised in the appeal is that, there is a delay in trial and, therefore, right of the appellant of speedy trial enshrined under Article 21 of the Constitution of India is violated. 4. We have called status report, which shows that 21 witnesses are already examined. 5. Thus, there is substantial progress in the trial. 6. Learned APP for the State has already sought instructions and submitted that additional 18 witnesses the prosecution is 2026:BHC-NAG:11041-DB 2 9 apeal251.26.odt intending to examine and if the court time bounds the matter, the prosecution would examine all these witnesses and will assist the court to dispose of the matter. 7. Learned counsel for the appellant submits that since 10.6.2020 the appellant is behind the bars. 8. We are well aware about the fact that the appellant is behind the bars since last five years. However, considering there is substantial progress in the trial and 21 prosecution witnesses are already examined and considering the submission made by learned APP for the State, trial court again can be directed to keep the matter on day to day basis and dispose it of within six months. We also grant liberty to the appellant to move this court after three months if substantial witnesses at least 9 witnesses are not examined by the prosecutor as stated before this court. 9. With this, we dispose of the appeal with liberty to the appellant to move before this court if the prosecutor fails to examine 50% of the remaining witnesses. 10. The Criminal Appeal is disposed of accordingly. [JUDGE] [JUDGE] !! BrWankhede !!