Bombay High Court
SAHAJRAM RAMDHAR CHOUHANversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
Bail was granted to the accused on the grounds of prolonged incarceration and lack of risk of tampering, subject to stringent conditions.
Summary
The High Court considered the bail application of Sahajram Ramdhar Chouhan, accused of murder under Section 302 IPC for a stabbing that occurred on 13 October 2021 in Bhiwandi. The prosecution’s case relied on circumstantial evidence, including blood‑stained clothing and a knife, while an eye‑witness remains untraceable despite attempts to serve a summons. The applicant argued that the trial had been delayed for over four years and ten months, with only two of the 17 prosecution witnesses examined, making a speedy trial unlikely. The State contended that the seriousness of the offence and the pending examination of additional witnesses warranted denial of bail. Weighing the prolonged incarceration, the lack of risk of absconding or tampering, and the hardship to the applicant’s family, the Court granted bail with strict conditions. The order emphasized that the bail decision does not prejudice the merits of the trial.
Issues considered
- Whether bail should be granted in a murder case (Section 302 IPC) given the delay in trial and untraceable eye‑witness.
- Whether the applicant poses a risk of absconding or tampering with evidence or witnesses.
Legislation cited
- Indian Penal Code, 1860 — s. 302
Subjects
- bail
- murder
- Section 302 IPC
- eye‑witness
- trial delay
- circumstantial evidence
- hardship
Judgment
Digitally signed H.C.SHIV 919.BA1800.26.DOC
by HEMANT
CHANDERSEN
HEMANT SHIV
CHANDERSEN
SHIV Date:
2026.09.11
20:13:00
+0300
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO.1800 OF 2026
Sahajram Ramdhar Chouhan …Applicant
V/s.
The State of Maharashtra …Respondent
Mr. Aniket Vagal for the Applicant.
Mr. V. A. Kulkarni, APP for Respondent No.1.
Mr. Narendra Pawar, API, Bhiwandi City police station present.
CORAM: SHYAM C. CHANDAK, J.
DATED : 9th SEPTEMBER, 2026
P.C. :-
1. Heard learned Counsel for the parties. Perused the record.
2. At the outset Mr.Kulkarni, learned APP tendered a report
about the eye witness, who is not traceable despite attempted to
served with witness summons. The said report along with relevant
the documents is taken on record and market as “X”.
3. The applicant seeks release on bail in connection with Crime
No.368 of 2021, registered with Bhiwandi City police station, Thane
for the offence punishable under Section 302 of the Indian Penal
Code (“IPC”).
4. The prosecution case is that on 13 th October 2021, at about
1:45 p.m., near a public toilet, at Bhiwandi, within the limits of
Padma Nagar Police Chowky, the applicant stabbed the deceased-
Rajendra Prasad Shantiprasad Verma on the throat, on account of a
dispute over the place of sleeping. Consequently, the deceased
succumbed to injuries. Tejas Kapase, Police Naik lodged a report.
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H.C.SHIV 919.BA1800.26.DOC
The applicant came to be arrested on the same day. Investigation
led to filing of charge-sheet. The trial Court rejected the applicant’s
prayer for bail.
5. Mr.Vagal, learned Advocate for the applicant submitted that
there is considerable delay in recording statement of the eye
witness, who is presently, not traceable. There is no other eye
witness to the incident. Hence, now, the case is based on
circumstantial evidence, i.e., recovery of blood stained clothes of the
accused and the knife etc. The trial will take considerable to
conclude. Therefore, the applicant be released on bail.
6. Mr.Kulkarni, learned APP submitted that the material on
record clearly show that the applicant has committed the murder on
a trifle account. Efforts are being made to search the eye witness
and produce him before the trial Court. Besides that eye witness,
the prosecution is going to examine around 8 to 10 more witnesses
and conclude the trial within 6 months. Therefore, bail be refused.
7. There is no dispute about the fact that the eye witness is not
traceable. Mr.Vagal submitted that the trial Court is having other
old custody matters. The applicant is behind bars for more than 4
years and 10 months. The charge is framed on 16th December 2024.
Out of the cited 17 prosecution witnesses, only two witnesses have
been examined so far. Therefore, the trial is not likely to conclude in
the reasonable time. The applicant is not likely to abscond and
tamper with the prosecution witnesses. Admittedly, the applicant
was doing labour, therefore, he and his family must be facing great
hardship due to his incarceration.
8. In the wake of above, the applicant may be released on bail on
the ground of prolonged incarceration. Hence, following Order :-
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H.C.SHIV 919.BA1800.26.DOC
(i) Applicant – Sahajram Ramdhar Chouhan be released
on bail in aforesaid FIR registered with Bhiwandi City police
station, Thane on his executing P.R. Bond in the sum of
Rs.50,000/- with one or two sureties in the like amount.
(ii) The applicant shall mark his attendance at Bhiwandi
City police station, Thane on 1st and 16th day of each calender
month between 11:00 a.m. to 2:00 p.m. till conclusion of the
trial.
(iii) The applicant shall regularly attend the proceedings
before the jurisdictional Court unless exempted by the said
Court, for the reasons to be recorded in writing.
(iv) The applicant shall not tamper with the prosecution
evidence and shall not directly or indirectly influence upon
the prosecution witnesses to prevent them from deposing
against him.
(v) On being released from jail, the applicant shall furnish
his contact number and residential address to the
Investigating Officer and shall keep him updated, in case
there is any change.
(vi) The applicant shall not indulge in identical activities for
which he has been arraigned in this case.
(vii) In case of breach of aforesaid condition, the
Respondent-State will be at liberty to seek cancellation of bail
from the trial Court.
(viii) It is clarified that any observation made in the present
Order are for the purpose of deciding the present Bail
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H.C.SHIV 919.BA1800.26.DOC
Application and should not influence the outcome of the trial
and also not be taken as an expression of opinion on the
merits of the case.
9. Bail Application stands disposed of in aforesaid terms.
(SHYAM C. CHANDAK, J.)
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