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2026 DAILYLAW 6110 (BOM)

RAMDAS SAMPAT KHILLARE (IN JAIL) v. THE STATE OF MAHARASHTRA THR PSO., PS SAKHARKHERDA, TQ. SINDKHEDRAJA DIST. BULDHANA

BA/988/2026 · 2026-09-02

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Judgment text

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1 19.ba.988.2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION NO.988 OF 2026 Ramdas Sampat Khillare ..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 S.V. Sirpurkar, Advocate for the applicant. Ms T.H. Udeshi, APP for the non-applicant/State. CORAM: M.M. NERLIKAR, J. DATE : 02.09.2026. Heard. 2. By way of this application, the applicant is seeking bail in connection with Crime No.89 of 2025 registered with Sakharkherda Police Station District Buldhana for the offence punishable under Sections 103(1), 118(1), 115(2), 296, 351(2), 49, 125(b), 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3. The FIR came to be lodged by the informant alleging that on 18.03.2025 when the informant and his father were sitting outside their house, at that time the applicant Ramdas threw a stone at the informant and verbally abused them. Further, co-accused Shoba Kavhale brought an iron rod and an axe from her house and handed it to other accused persons for attacking the father of the informant. One of co-accused assaulted allegedly on the head of the father of the informant, due to which he died. It is alleged that the applicant and another co-accused assaulted the informant and therefore, the report. 2026:BHC-NAG:11563 2 19.ba.988.2026 4. Learned Counsel for the applicant invited my attention to the order of this Court dated 13.10.2025 by which the liberty was granted to the applicant to file a fresh application if the trial is not commenced within a period of six months, hence, the applicant is before this Court, after the trial Court has rejected his bail application. It is submitted that the trial has not commencement till today. So far as the merits of the case is concerned, it could be gathered from the record and the charge-sheet that the applicant has assaulted the informant with an iron rod and did not assault the deceased. Considering all these aspects, the applicant prayed to be enlarged on bail. 5. On the other hand learned APP vehemently opposed the application by submitting that the applicant has participated in the alleged incident, wherein the Digambar Kavhale died and due to the applicant the said dispute arose between the parties. Therefore, merely on the ground that this Court has granted abovesaid liberty, is not sufficient to enlarge the applicant on bail and hence, the application is prayed to be rejected. 6. I have considered the rival submissions and perused the record. 7. Earlier this Court had expressed disinclination to grant bail to the applicant on merits however granted the aforesaid liberty to the applicant. Further, this Court has granted bail to co-accused Shobha Kavhale vide order dated 02.04.2026. It appears from the record that the applicant is behind bars from 24.03.2025 and till today 3 19.ba.988.2026 except for framing of charge, there is progress in the trial and as not a single witness has been examined. The applicant’s role is limited as he has given blow on the legs of the informant with the help of iron rod. Therefore, considering all these aspects and the fact that the applicant’s fundamental right of speedy trial guaranteed under Article 21 of the Constitution of Indian is grossly violated, I am inclined to enlarge the applicant on bail on the merits of the case and on the ground of delay in trial. Hence the following order : (a) The application is allowed. (b) The applicant Ramdas Sampat Khillare in connection with Crime No.89 of 2025 registered with Sakharkherda Police Station District Buldhana for the offence punishable under Sections 103(1), 118(1), 115(2), 296, 351(2), 49, 125(b) of the Bharatiya Nyaya Sanhita, 2023, 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 even on a single date or fails to comply with the aforesaid 4 19.ba.988.2026 conditions, his default would entail the State to ask for cancellation of bail. 8. The observations are prima facie in nature and the Trial Court shall not be influenced by the same. 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: 02/09/2026 18:20:50