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2026 DAILYLAW 8737 (BOM)

TILAKCHAND TANAJI SAWANT v. STATE OF MAHARASHTRA

BA/3469/2026 · 2026-09-16

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

13. BA 3469-2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3469 OF 2026 Tilakchand Tanaji Sawant .Applicant Vs. The State of Maharashtra .Respondents Mr. Tanveer Aziz Patel, Advocate, for the Applicant Ms. Sangita Phad, APP, for the Respondent – State CORAM : MILIND N. JADHAV, J. DATE : 16.09.2026 P. C. 1. Heard Mr. Patel, learned Counsel for the Applicant and Ms. Phad, learned APP for the Respondent – State. 2. This Application is filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) in connection with C.R.No. 97 of 2014 registered with Karjat Police Station for offences punishable under Sections 436 & 427 of the Indian Penal Code, 1860. 3. The Applicant was initially arrested and incarcerated in prison for the offence of mischief by fire on the complaint of his wife. He was released on bail subsequently but since he did not attend the trial Court, he was arrested again on 18.06.2024. Since then he has been in custody. The Charge-sheet cites 12 witnesses and unfortunately, the Anand 1 of 4 ANAND SUDHAKAR SUDAME Digitally signed by ANAND SUDHAKAR SUDAME Date: 2026.09.17 12:05:32 +0530 13. BA 3469-2026.doc record shows that not a single witness has been examined in the past more than two years and three months. There is no meaningful progress of the trial at all. Considering that the Applicant has been re-arrested pursuant to an NBW and the Applicant has suffered incarceration for more than two years and three months for not attending the trial but the trial itself not having progress in the last two years and three months, he has made out a case for grant of bail. 4. Hence, in view of above prima facie observations and finding, Bail Application of Applicant is allowed subject to the following terms and conditions:- (i) Applicant – Tilakchand Tanaji Sawant is directed to be immediately released from prison in connection with CR. No. 97 of 2014; (ii) The Applicant is directed to be released on bail on furnishing P. R. Bond of Rs. 15,000/- (Rs. Fifteen Thousand only) with one or two sureties in the like amount; (iii) The Applicant shall co-operate with the conduct of the trial and remain present before the Trial Court on all dates, unless specifically exempted. The Applicant shall not seek unnecessary adjournments. Any such conduct Anand 2 of 4 13. BA 3469-2026.doc shall entitle the prosecution to apply for cancellation of bail; (iv) The Applicant shall not leave the State of Maharashtra without the prior permission of the Trial Court and he shall deposit his passport with the Trial Court on his release; (v) The Applicant shall not influence any of the witnesses or tamper with the evidence in any manner; (vi) The Applicant shall keep the Investigating Officer informed of his current residential address and mobile telephone number and shall forthwith inform the Investigating Officer of any change in his residential address or mobile telephone number, as and when such change occurs; (vii) Any breach or infraction of any of the aforesaid conditions shall entail cancellation of the bail granted to the Applicant. 5. It is clarified that the observations made in this order are limited for the purpose of granting bail only and I have not made any observations on merits of the case. The trial shall be adjudicated on Anand 3 of 4 13. BA 3469-2026.doc the strength of the evidence led and strictly on its own merits being uninfluenced with any of the prima facie observations made hereinabove in this order. 6. The Bail Application No. 3469 of 2026 is allowed and disposed of in the above terms. (MILIND N. JADHAV, J.) Anand 4 of 4