Bombay High Court

ARJUN DHONDIRAM KAMBLEversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: DISMISSED

Holding

The bail application is dismissed as there is effective progress in the trial and no change in circumstances.

Summary

The applicant, Arjun Dhondiram Kamble, filed a successive bail application (No. 1037 of 2026) through legal aid after a prior bail application was withdrawn with liberty to approach the court if the trial faced undue delay. The State argued that the charge was framed in February 2026, the property was called for, witnesses listed, and summons issued on 10 July 2026, indicating effective progress. The applicant contended that there was no information about the earlier order granting liberty to approach the court, but the State pointed to the order dated 14 January 2026. The court examined whether there had been any change in circumstances within four months that would justify a second bail. Considering the nature and gravity of the offence and the evident progress of the trial, the court found no basis to grant bail. Consequently, the bail application was dismissed.

Issues considered

Whether the successive bail application should be entertained given the progress of the trial
Whether there has been any material change in circumstances justifying bail within four months of the previous application

Subjects

bail
successive bail application
trial progress
legal aid
criminal procedure

Judgment

                                   1                      55BA1037.2025.odt


           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      BENCH AT AURANGABAD

                55 BAIL APPLICATION NO. 1037 OF 2026

                       Arjun Dhondiram Kamble
                                VERSUS
                The State Of Maharashtra And Another
                                    ...
Mr. Avinash M. Reddy - Advocate [Through Legal Aid] for Applicant
Mr. S. A. Gaikwad - APP for the State
                                    ...

                           CORAM :     HITEN S. VENEGAVKAR, J.
                           DATED :     31ST AUGUST, 2026

PER COURT :


1.           The learned Advocate for the Applicant submits that this is

a successive bail application. He submits that the present application

was filed through legal aid and that he has been appointed through legal

aid and, therefore, the narration pertaining to the earlier Bail

Application No. 1831 of 2025, which was withdrawn with liberty to

approach this Court in the event of undue delay or lack of effective

progress in the trial, was not provided to the office as well as the learned

Advocate, and hence, there is no mention of the same. However, the

learned APP today points out the said order dated 14.01.2026 granting

liberty to approach this Court in the event of undue delay or lack of

effective progress in the trial.


2.           The learned APP then submits that the charge has been

framed in the month of February 2026 and, subsequently, the muddemal
                                                             2                       55BA1037.2025.odt

                             property has been called for, list of witnesses has been provided and, on

                             10.07.2026, the witness summons has been issued.


                             2.1.        Taking into consideration these dates and events, it cannot

                             be said that the trial is not effectively progressing. Apart from this, on

                             merits, the learned Advocate fairly submits that there is no change in the

                             circumstances so as to substantiate the second bail application

                             immediately within a period of four months.


                             3.          Taking into consideration the above facts and circumstances

                             and the nature and gravity of the offence, the Bail Application, as on

                             today, cannot be considered. There is effective progress in the trial. The

                             Bail Application thus stands dismissed.




                                                                       [ HITEN S. VENEGAVKAR ]
                                                                                JUDGE

                             SG Punde




Signed by: Sandeep Gulabrao Punde
Designation: PS To Honourable Judge
Date: 02/09/2026 18:52:56

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