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Bombay High Court

SANTOSH SHARNAPPA ALIAS SARNAPPA ADE AND ANOTHERversusTHE STATE OF MAHARASHTRA

Disposal
DISMISSED

Holding

Bail cannot be granted as the trial is at its fag end.

Summary

The applicants filed a bail application while their criminal trial was nearing completion, with prosecution evidence recorded and arguments made, and only the defence arguments pending. The State argued that the trial was almost finished. The Court observed that since the trial was at its fag end, there was no justification to grant bail at this stage. Consequently, the bail application was dismissed. The Court, however, granted liberty to the applicants to approach the Court again if the trial is not concluded within three months from the date of the order.

Issues considered

  • Whether bail should be granted when the trial is at its final stage and the prosecution has completed its case

Subjects

  • bail
  • Criminal Procedure Code
  • Section 313 CrPC
  • trial stage
  • high court

Judgment

2026:BHC-AUG:46101
                                                       1                       953.doc



                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD
                           953 BAIL APPLICATION NO. 1595 OF 2026
               SANTOSH SHARNAPPA ALIAS SARNAPPA ADE AND ANOTHER
                                    VERSUS
                          THE STATE OF MAHARASHTRA
                                                ...
                     Advocate for the Applicant : Mr. Sachin Subhash Panale
                         APP for Respondent/State : Mr. V.M. Jahagirdar
                                               …
                                              CORAM        : HITEN S. VENEGAVKAR, J.
                                                DATE       : 01.10.2026
                PER COURT :
                .        Learned APP submits that the trial is almost complete. The
                evidence of witnesses have been duly recorded. The statements of the
                applicants under Section 313 of Cr.P.C. are also recorded. The
                prosecution has also completed its arguments, and only the arguments
                on behalf of the defence are yet to be completed. The matter was
                posted today before the learned trial Court for the purpose of argument
                of the defence.

                2.       Taking into consideration the fact that the trial is almost at the
                fag end of completion, I do not find any reason to entertain the present
                application.

                3.       The application therefore, stands dismissed.

                4.       Liberty is granted to the applicants to approach this Court in case
                the trial is not concluded within a period of three (03) months from
                today.

                                                            ( HITEN S. VENEGAVKAR, J. )
   V.S.Joshi


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