Bombay High Court
GANESH BALARAM PATOLEversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Dismissed
- Bench
- R M JOSHI
Holding
Bail is not to be granted at the stage when the charge has been framed.
Summary
The applicant, Ganesh Balaram Patole, filed a criminal bail application after the charge was framed against him. The respondent, State of Maharashtra, opposed bail, arguing that framing of charge precludes bail at this stage. The learned counsel for the applicant contended that bail could still be considered despite the charge being framed. The Court examined whether the mere framing of charge bars bail and considered the need to expedite the trial. It held that bail could not be granted at this juncture but directed the trial court to complete the trial within one year. The bail application was dismissed, with liberty to file a fresh application if the trial exceeds the stipulated period.
Issues considered
- Whether bail can be granted after the charge has been framed in a criminal case
Subjects
- bail
- charge framed
- criminal procedure
- trial expeditious
- high court
Judgment
7_BA_2918_2025.DOC
Prasad
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 2918 OF 2025
Ganesh Balaram Patole …Applicant
Versus
State Of Maharashtra …Respondent
Ms. Pooja A. Dongre, for the Applicant.
Ms. S.D. Shinde, APP for the Respondent - State.
CORAM: R. M. JOSHI, J.
DATED: 24th MARCH, 2026.
PC:-
1. Heard learned counsel for the Applicant at length.
2. Learned APP submits that the charge has been framed
and hence at this stage the Applicant is not entitled for bail.
3. Since the charge is framed, a direction can be issued
to the learned Trial Court to expedite the trial and in any case
complete the same within a period of one year from today.
4. Having regard to the said fact, this Court is not
inclined to grant any relief to the Applicant at this stage. The Bail
Application therefore stands dismissed with liberty to the Applicant
to move a fresh bail application in case the trial is not concluded
within a period of one year.
(R. M. JOSHI, J.)
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24 March, 2026.
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