Bombay High Court

INDRESH KUMR SHITLA PRASAD JAYANTRIversusTHE STATE OF MAHARASHTRA

Decided: 7 July 2026
Disposal: Disposed Off
Bench: SHYAM C CHANDAK

Holding

The Court held that bail should be granted to the accused, subject to conditions, as his prolonged detention violated his right to a speedy trial and he posed no risk of absconding or tampering with evidence.

Summary

The High Court considered a bail application filed by Mr. Indresh Kumar Shitla Prasad Jayantri, who is accused of murdering his wife under Section 302 of the IPC. The applicant had been in custody for over four years without charges being framed, and his counsel argued that his prolonged detention violated his right to a speedy trial under Article 21 of the Constitution. The State opposed bail, emphasizing the seriousness of the murder charge but also acknowledging the applicant's poverty and lack of flight risk. The Court examined the balance between the right to liberty and the need to ensure the accused's presence at trial, noting that the trial was pending and the applicant was unlikely to tamper with evidence. Consequently, the Court granted bail on the condition of a personal bond and sureties, with strict attendance and non‑interference directives, while clarifying that the order does not comment on guilt.

Issues considered

Whether the accused, charged with murder under Section 302 IPC, is entitled to bail after prolonged pre‑trial detention without charge framing.
Whether the right to a speedy trial under Article 21 of the Constitution mandates bail in the present circumstances.
Whether the accused poses a risk of absconding or tampering with evidence that would justify denial of bail.

Legislation cited

Constitution of India — s. Article 21
Indian Penal Code, 1860 — s. 302

Subjects

bail
murder
Section 302 IPC
Article 21
right to speedy trial
pre‑trial detention
criminal procedure

Judgment

WAKLE
MANOJ                 MANOJ                                                11-BA-2666-2024.DOC
JANARDHAN
Digitally signed by
WAKLE MANOJ
JANARDHAN
Date: 2026.07.09
                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
15:14:22 +0530
                                CRIMINAL APPELLATE JURISDICTION
                            CRIMINAL BAIL APPLICATION NO.2666 OF 2024
                      Mr. Indresh Kumar Shitla Prasad Jayantri             …Applicant
                            V/s.
                      The State of Maharashtra                             …Respondent


                      Mr. Abdul Rahim Bukhari, for the Applicant.
                      Mr. P.P. Malshe, APP for the Respondent-State.
                      PSI – Ajay M., Arnala Coastal Police Station, Palghar, present.


                                                CORAM: SHYAM C. CHANDAK, J.
                                                DATED : 7th JULY, 2026
                      P.C. :-

                      1.      Present Application seeking release of the Applicant on bail
                      in connection with C.R. No.91 of 2022 registered with Arnala
                      Coastal Police Station, Palghar for the offence punishable under
                      Section 302 of the Indian Penal Code, 1860 (for short “I.P.C.”).

                      2.      Heard Mr. Bukhari, learned Counsel for the Applicant and
                      Mr.Malshe, learned APP for the Respondent-State.

                      3.      The prosecution case is that deceased Nirjala was wife of the
                      accused. On 16 March 2022, before 8:30 p.m, at his rented room,
                      the Applicant committed murder of the deceased as she used to
                      quarrel with him on trifle and the Applicant used to suspect that
                      she had love relations with some person. After committing the
                      murder, the Applicant latched the room from outside and
                      disappeared alongwith his two children. Initially, the offence was
                      registered on the Report of the landlady – Ms. Hemlata Baalshi
                      the crime was registered. Thereafter, the Applicant was arrested
                      25th March, 2022 and finally, he stood charge-sheeted.


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MANOJ                                                11-BA-2666-2024.DOC



4.      Mr. Bukhari, learned Counsel for the Applicant presses this
Application for bail only on the ground of long incarceration. He
has submitted that the Applicant is in jail for more than 4 years
and 3 months. Till date, no charge has been framed against the
Applicant. The Applicant is poor and his incarceration is causing
great hardship to his two daughters, who are presently residing
with Applicant’s father in Uttar Pradesh. Therefore, he has prayed
for bail on the ground of long incarceration.

5.      Mr. Malshe, learned APP submitted that the case before the
trial Court is fixed on 16th July, 2026 for framing of charge. Mr.
Malshe submitted that out of 33 witnesses, the prosecution will
examine at least 20 to 22 witnesses. This will certainly take a
considerable time to conclude the trial. The Applicant is in jail
since his arrest on 25th March 2022. It is the right of the accused to
have a speedy trial as enshrined under Article 21 of the
Constitution of India. In such cases, if the trial is not conducted at
the earliest, it results in punitive detention of the accused. No
doubt, in this case the Applicant has committed murder of his own
wife. The Applicant is poor. His incarceration has been causing
great hardship to his daughters, presently aged 7 and 9 years and
depending on the old aged father of the Applicant in Uttar
Pradesh. Additionally, the Applicant is not likely to abscond and
tamper with the prosecution evidence.

        In the wake of above, the Applicant is entitled for bail.
Hence, following Order is passed:-

(i)     Applicant – Mr. Indresh Kumar Shitla Prasad Jayantri shall
be released on bail in connection with C.R. No.91 of 2022
registered with Arnala Coastal Police Station, Palghar for the
offence punishable under Section 302 of the I.P.C., on his

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MANOJ                                                11-BA-2666-2024.DOC



furnishing a 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 Arnala Coastal
Police Station, Palghar, on the 1st day of each calendar month
between 12:00 noon to 4:00 p.m., till the 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 witness 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 Investigation
Officer and shall keep him updated, in case there is any change.

(vi)    By way of abundant caution, it is clarified that the
observations made hereinabove are confined for the purpose of
determination to the entitlement for bail and they may not be
construed as an expression of opinion on the guilt or otherwise of
the Applicant and the trial Court shall not be influenced by any of
the observations made hereinabove.

6.      Application stands disposed off in the aforesaid terms.



                                (SHYAM C. CHANDAK, J.)




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