Order 210826ba963.26 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION [BA] NO. 963 OF 2026. Devidas Sitaram Tale -VERSUS- State of Maharashtra. Office notes, Office Memoranda of Coram, appearances, Court's orders Court’s or Judge’s Orders or directions and Registrar’s orders. Shri S.V. Sirpurkar, Advocate for the Applicant. Shri H.R. Dhumale, A.P.P. for the Non-applicant/State. CORAM : M.M. NERLIKAR, J. DATE : AUGUST 21, 2026. Heard. 2. The applicant came to be arrested in connection with Crime No.110/2024 registered with Sakherkheda Police Station, Buldhana for the offence punishable under Sections 324, 504, 506 read with Section 34 of the Indian Penal Code. Charge sheet is filed and Sections 302 and 307 of the Indian Penal Code were added. 3. The first information report is lodged by one Pandurang Tale alleging that on 19.04.2024 he heard his Rgd. 2026:BHC-NAG:11043 Order 210826ba963.26 2 brothers quarreling, during which his brother Eknath was being assaulted by accused persons, who caugher hold hands of Eknath and applicant gave blow on his head. Hariram and another brother went to pacify the quarrel, they were also assaulted by the applicant by iron rod, fighter and sticks, so also when the informant intervened, he was also assaulted by the accused persons and by the applicant on his back with iron rod, and threatened with dire consequences. Hence, the first information report. 4. The learned Counsel for the applicant submits that the applicant was arrested on 07.05.2024, however, till today, except for framing of charge, there is no progress in the trial. Due to which the right of the applicant/accused of speedy trial guaranteed under Article 21 of the Constitution of India has been grossly violated. He further submits that the incident occurred on 19.04.2024, whereas the first information report was registered on 30.04.2024 for the offences punishable under Sections 324, 504 and 506 of the Indian Penal Code, however, as the injured died on 08.09.2024 so, Section 302 of IPC was added. The parties are real brothers, between whom Rgd. Order 210826ba963.26 3 the quarrel took place on account of small piece of land. Considering the fact that the applicant is behind bars from more than 2 years and 3 months, he is entitled for grant of regular bail. 5. On the other hand the learned A.P.P. invited my attention to the first information report and investigation papers and submitted that the applicant is the one who has inflicted blows and committed murder of the deceased. It is submitted that other injured persons are also brothers of informant and applicant. The post mortem report of deceased shows that there are serious injuries on the head of the deceased, which shows that murder was committed brutally by the applicant, in such circumstances, merely on the basis of delay in trial the applicant cannot be released on bail. He therefore, prayed for rejection of the application. 6. I have considered the rival submissions of the parties and gone through the material placed on record. This Court has called for the status report from which it could be gathered that the matter is pending for recording evidence, and till date not a single witness has been examined, co- Rgd. Order 210826ba963.26 4 accused persons, those who are released on bail, are not attending the trial and continuously filing applications for exemption. If this position continues it will be very difficult to conclude the trial. Further perusal shows that the matter is pending for production of muddemal. In such circumstances, considering the entire status report, it appears that the accused is not at fault. Admittedly he was arrested on 07.05.2024 and more than 2 years and 3 months are over, and even though charges were framed on 01.10.2025, however till date not a single witness is examined. Considering the above circumstances, I am of the considered opinion that a case is made out for grant of bail on the ground of delay in trial. Hence the following order. ORDER (i) Criminal Application is allowed and disposed of. (ii) The applicant /accused Devidas Sitaram Tale be released on regular bail in connection with Crime No.110/2024 registered with Sakherkheda Police Station, Buldhana for the offence punishable under Sections 324, 504, 506, 302 and 307 read with Section 34 of the Indian Penal Code on his furnishing P.R. Bond Rgd. Order 210826ba963.26 5 of Rs.50,000/- with two sureties in the like amount. (iii) The accused shall not enter within the territorial jurisdiction where the informant is residing, till the completion of the trial. (iv) The accused 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. (v) 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. (vi) The accused shall attend each and every date of trial regularly. If he fails to attend the trial for one single date, or fails to comply with the aforesaid conditions, his default would entail the State to ask for cancellation of bail. (vii) The above observations are prima facie in nature, and restricted for the purpose of deciding this application. The Trial Court shall not get itself influenced by said observations, during the course of trial. (viii) Misc. Applications, if any, are also disposed of. JUDGE Rgd. Signed by: R.G. Dhuriya (RGD) Designation: Senior Pvt. Secretary Date: 25/08/2026 10:25:02