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Bombay High Court

HEMANT @ PAPPU SURESH KALBHORversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The court allowed the withdrawal of the bail application with liberty to file a fresh application if the trial does not progress within six months.

Summary

The applicant, Hemant @ Pappu Suresh Kalbhor, has been incarcerated for over five years with no substantive progress in his trial. The trial court report indicated that the muddemal property had not been produced before the court. The applicant's counsel sought direction for the investigating officer to produce the property and requested an expedited trial. Subsequently, the counsel applied to withdraw the bail application, seeking liberty to file a fresh application if the trial remained stagnant after six months. The High Court, considering these submissions, permitted the withdrawal of the bail application with the stipulated liberty. All other pending applications in the matter were ordered to be disposed of.

Issues considered

  • Whether the applicant is entitled to bail given the prolonged pre‑trial detention
  • Whether the trial court's failure to produce muddemal property warrants judicial intervention
  • Whether the bail application can be withdrawn with liberty to re‑apply if trial progress remains unsatisfactory

Subjects

  • bail
  • pre‑trial detention
  • trial delay
  • muddemal property
  • withdrawal of application
  • criminal procedure

Judgment

                                                                                              29-BA-3365-2025.doc



                             N.S.Kamble


                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                            CRIMINAL APPELLATE JURISDICTION

                                          CRIMINAL BAIL APPLICATION NO. 3365 OF 2025


                             Hemant @ Pappu Suresh Kalbhor                               … Applicant
                                   Versus
                             The State of Maharashtra                                    … Respondent
          Digitally signed
NILAM     by NILAM
SANTOSH
          SANTOSH
          KAMBLE
                             ____________________________________________________________
KAMBLE    Date: 2026.02.18
          15:23:12 +0530
                             Mr.Shailesh Kharat, for the Applicant.
                             Ms.R.D. Humane, APP for Respondent-State.
                             ____________________________________________________________
                                                               CORAM : SHIVKUMAR DIGE, J.
                                                               DATE           :   17th FEBRUARY 2026

                             P.C. :

                             .             Heard learned counsel for the Applicant and learned APP for the

                             Respondent-State.

                             2.            The learned counsel for the Applicant submit that the Applicant

                             is behind bars for more than five years, yet there is no progress in the trial.

                             This Court has called the report and in the said report the Trial Court has

                             stated that muddemal property is not produced before the Court.

                             3.            The Investigating Officer is directed to produce muddemal

                             property before the Trial Court as early as possible. The Trial Court is

                             requested to expedite the trial as the Applicant is behind bars more than five



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                                                                  29-BA-3365-2025.doc



N.S.Kamble


years.

4.           The learned counsel for the Applicant, on instructions, seeks

leave to withdraw this Application with liberty to file fresh Application, if

there is no substantive progress in the trial after six months.

5.           Considering the submission of the learned counsel for the

Applicant, the Application is allowed to be withdrawn with the aforesaid

liberty.

6.           All pending Applications are disposed of.



                                                  (SHIVKUMAR DIGE, J.)




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