13. BA-3512-26.odt Amberkar IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3512 OF 2026 Gaurav Dilip Jagtap .. Applicant Versus State of Maharashtra .. Respondent ....................  Mr. Rahul K. Dhaigude, Advocate for Applicant  Ms. Sangeeta E. Phad, APP for State  Mr. Om N. Latpate a/w Mr. Jitendra S. Sawant & Mr. Prashant P. Pathe, Advocates for Intervenor / Complainant ................... CORAM : MILIND N. JADHAV, J. DATE : SEPTEMBER 21, 2026 P. C. : 1. Heard Mr. Dhaigude, learned Advocate for Applicant; Ms. Phad, learned APP for State and Mr. Latpate, learned Advocate for Intervenor / Complainant. 2. This is an Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking Bail in connection with C.R. No. 366/2022 registered with Saswad Police Station for the offences punishable under Sections 307, 143, 147, 148, 149, 504, 506, 427, 188 and 120(B) of the Indian Penal Code, 1860 (for short "IPC") and under Section 4(25) of the Arms Act. 3. The Applicant is indicted along with several other co-accused persons in the Ganpati Visarjan procession. A scuffle and skirmish took 1 of 5 13. BA-3512-26.odt place between members of two Mandals with regard to whose procession would go ahead from the Hundekari Chowk in Saswad. The President of one Mandal intervened and instructed the victim's group to go ahead with the procession which was objected to by the other group. The brother of the President intervened and pacified the situation but the issue escalated thereafter and it led to a free fight. 4. Case of prosecution is that the accused persons were all armed and therefore, the injured victim as well as the other victims having been grievously injured, this Court should consider the gravity and the egregiousness of the incident in question as well as the injuries which are caused and deny bail. Applicant has been incarcerated for the past four years. There is no possibility of the trial commencing and for that matter concluding on the horizon of the Trial Court in the near foreseeable future. 5. The injury certificate is appended at Page No. 93 of the Application. It prima facie suggests six injuries, out of which two are simple and four are grievous. The role which is attributed to the Applicant is that he inflicted blows with a cricket bat. Insofar as the other accused persons are concerned, some of them have been attributed with having used hard and blunt objects namely sticks and one accused person has used a sickle. 2 of 5 13. BA-3512-26.odt 6. The precise, defined role of each of the accused persons is not before the Court, as also the ignominy of the pendency of the trial compels me to consider the case of the Applicant for grant of bail. 7. The application is vehemently opposed by learned APP as also learned Advocate for the Complainant. Order dated 30.10.2023 passed by the Supreme Court, copy of which is appended at page 51, is shown to me to consider rejection of the bail application. I have perused the said order. In the said order, Supreme Court states that they did not find it a fit case to grant bail. However the said order is passed by the Supreme Court three years ago. 8. The Applicant has approached this Court after a humongous period of four years from the date of the incident and there is absolutely no progress in trial. In that view of the matter, considering the reasons for long incarceration of the Applicant and also for the aforesaid reasons, I am inclined to allow the present Application. Hence, Applicant is released on bail on the following terms and conditions:- (i) Applicant is directed to be immediately released from prison in connection with C.R. No. 366/2022; (ii) Applicant is directed to be released on bail on furnishing P.R. Bond of Rs. 25,000/- (Rs. Twenty Five 3 of 5 13. BA-3512-26.odt Thousand only) with one or two sureties in the like amount; (iii) Applicant shall report to the Investigating Officer at Saswad Police Station, once every month on the first Sunday of the month between 10:00 a.m. to 12:00 p.m.; (iv) Applicant shall not enter the jurisdiction of Saswad Police Station except for attending the Police Station and trial; (v) Applicant shall co-operate with the conduct of trial and attend the Trial Court on all dates, unless specifically exempted and will not take any unnecessary adjournments, if he does so it will entitle the prosecution to apply for revocation of this order; (vi) Applicant shall not leave the State of Maharashtra without prior permission of the Trial Court; (vii) Applicant shall not influence any of the witnesses or tamper with the evidence in any manner; (viii)Applicant shall keep the Investigating Officer informed of his current address and mobile contact number and / or change of residence or mobile details, if any, from time to time, as applicable; and 4 of 5 13. BA-3512-26.odt (ix) Any infraction of the conditions shall entail cancellation of bail granted to the Applicant. 9. Needless to state that the above observations will not come in the way of trial as they are prima facie in nature based on the submissions made and the material placed before this Court. 10. Bail Application is allowed and disposed of in the above terms. Amberkar [ MILIND N. JADHAV, J. ] 5 of 5 RAVINDRA MOHAN AMBERKAR Digitally signed by RAVINDRA MOHAN AMBERKAR Date: 2026.09.21 20:14:41 +0530