1/6 909-BA-754-2026 (CR).DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLN. NO. 754 OF 2026 Sikandar Husen Mulla …...Applicant VERSUS The State Of Maharashtra And Ors. …...Respondents _________________________________________________________________ Mr. Ramnik P. Pawar a/w Mr. Amit Waykool and Mr. Samadhan Mahamulkar i/b Mr. Parvej N. Nadaf, for Applicant. Mr. S. H. Yadav, APP, for Respondent Nos.1 and 2 - State. Mr. Ibrahim A. Attar a/w Adv. Yaseen P, for Respondent No.3. _________________________________________________________________ CORAM : ASHWIN D. BHOBE, J. DATE : 17th SEPTEMBER, 2026. P.C. 1. Heard Mr. Ramnik P. Pawar, learned Advocate for the Applicant, Mr. S. H. Yadav, learned A.P.P. for Respondent Nos.1 and 2 – State and Mr. Ibrahim A. Attar, learned Advocate for Respondent No.3. 2. By the present Application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”), the Applicant seeks Regular Bail in connection with Crime No.513 of 2021 registered with Shivajinagar Police Station, Ichalkaranji, District Kolhapur, Shantanu S. Dhudum SHANTANU SHANKARSA DHUDUM Digitally signed by SHANTANU SHANKARSA DHUDUM Date: 2026.09.17 15:40:12 +0530 2/6 909-BA-754-2026 (CR).DOC for the offence punishable under Section 302 of the Indian Penal Code, 1860 (for short, “IPC”). 3. Crime No.513 of 2021 has been registered as Sessions Case No.4 of 2022 and is pending before the Court of Additional Sessions Judge, Ichalkaranji, District Kolhapur. 4. The Applicant is the sole accused in the present Crime No.513 of 2021. 5. Mr. Ramnik P. Pawar, learned Advocate for the Applicant, submits that the Applicant’s Bail Application is restricted on the ground of long incarceration. He submits that the Applicant was arrested on 03/10/2021 and has since been in jail for a continuous period of more than 4 years, 11 months and 20 days. He submits that the charge was framed in Sessions Case No.4 of 2022, on 28th February, 2024, however, trial has not commenced. He therefore submits that the Applicant has been denied his right to a speedy trial. 6. Mr. S. H. Yadav, learned A.P.P., for Respondent Nos.1 and 2 – State, does not dispute that the Applicant has been in jail for 4 years, 11 months and 20 days and that the charge is framed in Sessions Case No.4 of 2022. However, trial has not commenced. 7. Perused the records with the assistance of the learned Advocates appearing for the parties. Shantanu S. Dhudum 3/6 909-BA-754-2026 (CR).DOC 8. The Applicant has been in jail for more than 4 years, 11 months and 20 days. The charge is framed in Sessions Case No.4 of 2022, however, not a single witnesses has been examined. The Applicant would therefore be justified in contending that his right to a speedy trial is infringed. 9. The Hon’ble Supreme Court in the case of Sahil Manoj Machare Vs. State of Maharashtra1, in paragraph Nos.4 to 8 of the case of Sahil Manoj Machare (Supra) are as under: “4. We take notice of the fact that the petitioner is in judicial custody since 1-11-2022. Although, the charge came to be framed by the Trial Court in the year 2024, yet till this date not a single witness has been examined. 5. In such circumstances, referred to above, we are left with no other option but to say that the right of the accused to have a speedy trial as enshrined under Article 21 of the Constitution could be said to have been infringed. 6. We are mindful of the fact that the petitioner is charged with the offence of murder but time and again, we have said that howsoever serious the crime may be, if the right of speedy trial is infringed, then Court must consider the plea for bail appropriately. 7. here is a case wherein past almost 4 years, the petitioner is in jail but not a single witness has been examined. 8. We order that the petitioner be released on bail forthwith, if not required in any other case, subject to terms and conditions that the trial court may deem fit to impose.” 1 2026 SCC OnLine SC 810 Shantanu S. Dhudum 4/6 909-BA-754-2026 (CR).DOC 10. In view of the above, this Court is compelled to grant the Applicant bail solely on the ground of long incarceration and delay in commencing the trial. 11. Mr. Ramnik P. Pawar, learned Advocate for the Applicant, on instructions from the Applicant, submits that until the conclusion of the trial in Sessions Case No.4 of 2022, the Applicant shall not enter the jurisdiction of the City of Ichalkaranji, District Kolhapur. Statement accepted. 12. In view of the above, the Bail Application is allowed on the following conditions. A) The Applicant - Sikandar Husen Mulla, is directed to be released on bail in connection with Crime No.513 of 2021 registered with Shivajinagar Police Station, Ichalkaranji, District Kolhapur, for the offence punishable under Section 302 of the IPC, upon furnishing a P.R. Bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one or two solvent sureties, in the like amount, to the satisfaction of the Sessions Court in Sessions Case No.4 of 2022. B) The Applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case to dissuade that person from Shantanu S. Dhudum 5/6 909-BA-754-2026 (CR).DOC disclosing the facts to the Court or any police officer and shall not tamper with the evidence. C) The Applicant shall report to the Investigating Officer, Shivajinagar Police Station, Ichalkaranji, District Kolhapur, on 2nd Saturday of each month from 11:00 a.m. to 12:00 noon, till conclusion of the trial in Sessions Case No.4 of 2022. D) The Applicant, until the conclusion of the trial in Sessions Case No.4 of 2022, shall not enter the territorial jurisdiction of the City of the Ichalkaranji, District Kolhapur, except for marking his appearance before the Investigating Officer, Shivajinager Police Station, Ichalkaranji, District Kolhapur and appearing in Sessions Case No.4 of 2022, as and when fixed. E) The Applicant shall, within three (3) days of his release from jail, provide to the Investigating Officer, Shivajinagar Police Station, Ichalkaranji, District Kolhapur, his residential address with proof, the contact number and must inform the Investigating Officer about the change in the same from time to time. Shantanu S. Dhudum 6/6 909-BA-754-2026 (CR).DOC F) If the Applicant absents himself from appearing before the Trial Court on the date fixed, the same would be considered as a breach of this condition and the Trial Court would be at liberty to pass appropriate orders. 13. Criminal Bail Application No.754 of 2026 is disposed of. ( ASHWIN D. BHOBE, J.) Shantanu S. Dhudum