Research › Search › Judgment

Bombay High Court · body

2026 DAILYLAW 5719 (BOM)

YUVRAJ SHIVAJI GAIKWAD v. STATE OF MAHARASHTRA AND ANR.

BA/522/2026 · 2026-09-01

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

43-BA-522-2026 (CR).docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLN. NO. 522 OF 2026 Yuvraj Shivaji Gaikwad … Applicant Versus. The State of Maharashtra & Anr. … Respondents ----- Mr. Shivajirao V. Rane i/b. Mr. Harshvardhan S. Rane for the Applicant. Ms. S.N. Deshmukh, A.P.P. for the Respondents-State. Officer : PI Mr. Samir S. Mulla, Panhala Police Station, present. ------- Coram : ASHWIN D. BHOBE, J. Date : 1st September 2026. PER COURT : 1. Heard, Mr. Shivajirao Rane, learned Advocate for the Applicant and Ms. Deshmukh, learned A.P.P. for the Respondents-State. 2. By this Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Applicant has sought the following relief : “a. That this Hon'ble Court be pleased to grant Regular Bail to the Applicant /Accused, in connection with Panhala Police Station, Kolhapur in CR No.126/2024 for the offence punishable Under Sections 302,120(b), r/w 34 of the I.P.C.” osk 1 of 4 43-BA-522-2026 (CR).docx 3. At the outset, Ms. S. Deshmukh, learned A.P.P. for the Respondents- State, submits that the prosecution has examined four (4) witnesses viz., PW- 1 Sagar B. Khavare-Patil, PW-2 Malubai A. Patil and PW-3 Vikram @ Vikas S. Bhopale in Sessions Case No. 163 of 2024 pending before the Principal District and Sessions Judge, Kolhapur. She submits that the cross-examination of PW-4 Arjun H. Patil is pending, 4. Ms. S. Deshmukh, learned A.P.P. for the Respondents-State on instructions from the Investigating Officer, states that the prosecution intends to examine nine (9) main witnesses on priority, namely, (1) Namdev S. Patil, (2) Raju B. Patil, (3) Mahadev R. Patil, (4) Ajit S. Patil, (5) Rahul Jaysing Patil, (6) Vishwas S. Patil, (7) Dattatray H. Adkurkar, (8) Sarika V. Patil and (9) Bhagwan A. Patil, in Sessions Case No. 163 of 2024. She submits that the said witnesses shall be examined within four (4) months from today. She submits that upon the examination of the said nine (9) witnesses or upon the expiry of four (4) months, if the prosecution is unable to examine the said nine (9) witnesses, the Applicant be granted liberty to file a fresh bail Application before the Trial Court in Sessions Case No. 163 of 2024. 5. Mr. Shivajirao Rane, learned Advocate for the Applicant, submits that the Applicant has been incarcerated for a long time. However, in view of the statement made by Ms. S. Deshmukh, learned A.P.P., Mr. Shivajirao Rane, on osk 2 of 4 43-BA-522-2026 (CR).docx instructions from the Applicant, submits that the Applicant agrees to wait for four (4) months before renewing the request for bail. 6. Considering the statements made by Ms. S. Deshmukh, learned A.P.P. for the Respondents-State and Mr. Shivajirao Rane, learned Advocate for the Applicant, this Bail Application is disposed of with the following directions:- A. The Applicant is at liberty to file a fresh bail application before the Trial Court in Sessions Case No. 163 of 2024, after the examination of the nine (9) prosecution witnesses (referred to in para 4 hereinabove), within the four (4)-month period commencing from 8th September 2026 as stated by Ms. S. Deshmukh, learned A.P.P. B. In the event that, for any reason, the prosecution is unable to complete the examination of the nine (9) prosecution witnesses (referred to in para 4 hereinabove) within four (4) months from 8th September 2026, the Applicant is at liberty to file a fresh Bail Application before the Trial Court in Sessions Case No. 163 of 2024 upon expiry of the said four (4) months from 8th September 2026. C. Respondent (prosecution) to act on the statement made by Ms. S. Deshmukh, learned A.P.P. osk 3 of 4 43-BA-522-2026 (CR).docx D. Mr. Shivajirao Rane, learned Advocate for the Applicant, states that the Applicant shall co-operate with the examination of the nine (9) prosecution witnesses and shall not seek any adjournment on the date the witnesses are summoned and ready for deposition in Sessions Case No. 163 of 2024. E. If a fresh Bail Application is filed by the Applicant before the Trial Court after a period of four (4) months, as stated hereinabove, the Application be considered by the Trial Court on its own merits and in accordance with law. 7. Criminal Bail Application No. 522 of 2026 is disposed of in the above terms. [ ASHWIN D. BHOBE, J. ] osk 4 of 4 OMKAR SHIVAHAR KUMBHAKARN Digitally signed by OMKAR SHIVAHAR KUMBHAKARN Date: 2026.09.02 11:36:21 +0530