1 25.ba.1108.2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION NO.1108 OF 2026 Shivaji s/o Datta Garad ..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 R.M. Daga, Advocate for the applicant. Shri H.D. Marathe, 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.388 of 2024 registered with Mahagaon Police Station District Yavatmal for the offence punishable under Section 397 of the Indian Penal Code, mainly on the ground of delay in trial. 3. The FIR came to be lodged alleging that on the night of 08.06.2024 six unknown persons committed dacoity /robbery at the informant’s house of total amount of Rs.33,50,000/-. During the investigation, applicant was arraigned as an accused. 4. Learned Counsel for the applicant submits that there is an inordinate delay in trial. The FIR was registered on 09.06.2024, the applicant was arrested on 21.06.2024 whereas the charge-sheet was filed in the month of September, 2024 and charges were framed on 16.12.2025 i.e. after one and half year from the date of 2 25.ba.1108.2026 arrest. However, till today not a single witness has been examined. Learned Counsel for the applicant submits that 16 dates were given for production of muddemal, however same were produced only after the order of this Court calling the status report from the Trial Court. Out of those 16 dates, for 11 dates, the applicant was not produced before the Trial Court. The prosecution has listed 25 witnesses for examination in the charge-sheet. 5. He invited my attention to the order of this Court dated 09.12.2025 and submitted that the liberty was granted to the applicant to file a fresh application if the trial is not commenced within six months. Therefore, considering all these aspects, the applicant pryaed to be enlarged on bail. 6. On the other hand, learned APP vehemently opposed the application by submitting that two years and two months period of jail cannot be called as delay in trial. At least some breathing time should be given to the prosecution to take steps. The charges were framed on 16.12.2025 and thereafter the matter was listed for production of muddemal. And therefore, considering the seriousness of crime, the application is prayed to be rejected. 7. I have considered the rival submissions and perused the record. 8. Earlier this Court had expressed disinclination to grant bail to the applicant however granted the aforesaid liberty to the applicant. From the record it appears that the applicant is behind bars since 21.06.2024 and till 3 25.ba.1108.2026 today there is no progress in trial as after framing of charge for near-about 9 months dates were given for production of muddemal. On 11 dates the applicant was not produced from the jail. In the charge-sheet total 25 witnesses are enlisted and therefore, the trial will take time to conclude and also that the summons are yet to be issued to the witnesses as the prosecution has filed an application for issuance of summons on 28.08.2026, which can be gathered from the status report. 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 the ground of delay in trial. Hence the following order: (a) The application is allowed. (b) The applicant Shivaji s/o Datta Garad in connection with Crime No.388 of 2024 registered with Mahagaon Police Station District Yavatmal for the offence punishable under Section 397 of the Indian Penal Code, 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. 4 25.ba.1108.2026 (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 conditions, his default would entail the State to ask for cancellation of bail. 9. The observations are prima facie in nature and the Trial Court shall not be influenced by the same. 10. 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: 03/09/2026 18:45:08