TILAKCHAND TANAJI SAWANTversusSTATE OF MAHARASHTRA

                                                                             13. BA 3469-2026.doc



                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CRIMINAL APPELLATE JURISDICTION

                                         BAIL APPLICATION NO. 3469 OF 2026

                      Tilakchand Tanaji Sawant                          .Applicant

                                   Vs.

                      The State of Maharashtra                          .Respondents

ANAND                 Mr. Tanveer Aziz Patel, Advocate, for the Applicant
SUDHAKAR
SUDAME                Ms. Sangita Phad, APP, for the Respondent – State
Digitally signed by
ANAND SUDHAKAR
SUDAME                                    CORAM : MILIND N. JADHAV, J.
Date: 2026.09.17
12:05:32 +0530

                                          DATE     : 16.09.2026
                      P. C.

                      1.      Heard Mr. Patel, learned Counsel for the Applicant and Ms. Phad,

                      learned APP for the Respondent – State.

                      2.      This Application is filed under Section 483 of the Bhartiya

                      Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) in connection with

                      C.R.No. 97 of 2014 registered with Karjat Police Station for offences

                      punishable under Sections 436 & 427 of the Indian Penal Code, 1860.

                      3.      The Applicant was initially arrested and incarcerated in prison

                      for the offence of mischief by fire on the complaint of his wife. He was

                      released on bail subsequently but since he did not attend the trial

                      Court, he was arrested again on 18.06.2024. Since then he has been in

                      custody. The Charge-sheet cites 12 witnesses and unfortunately, the


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record shows that not a single witness has been examined in the past

more than two years and three months. There is no meaningful

progress of the trial at all. Considering that the Applicant has been

re-arrested pursuant to an NBW and the Applicant has suffered

incarceration for more than two years and three months for not

attending the trial but the trial itself not having progress in the last two

years and three months, he has made out a case for grant of bail.

4.      Hence, in view of above prima facie observations and finding,

Bail Application of Applicant is allowed subject to the following terms

and conditions:-

           (i)   Applicant – Tilakchand Tanaji Sawant is directed to be

                 immediately released from prison in connection with

                 CR. No. 97 of 2014;


           (ii) The Applicant is directed to be released on bail on

                 furnishing P. R. Bond of Rs. 15,000/- (Rs. Fifteen

                 Thousand only) with one or two sureties in the like

                 amount;


           (iii) The Applicant shall co-operate with the conduct of the

                 trial and remain present before the Trial Court on all

                 dates, unless specifically exempted. The Applicant shall

                 not seek unnecessary adjournments. Any such conduct
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                 shall entitle the prosecution to apply for cancellation of

                 bail;


           (iv) The Applicant shall not leave the State of Maharashtra

                 without the prior permission of the Trial Court and he

                 shall deposit his passport with the Trial Court on his

                 release;


           (v)    The Applicant shall not influence any of the witnesses

                 or tamper with the evidence in any manner;


           (vi) The Applicant shall keep the Investigating Officer

                 informed of his current residential address and mobile

                 telephone number and shall forthwith inform the

                 Investigating Officer of any change in his residential

                 address or mobile telephone number, as and when such

                 change occurs;


           (vii) Any breach or infraction of any of the aforesaid

                 conditions shall entail cancellation of the bail granted to

                 the Applicant.


5.      It is clarified that the observations made in this order are limited

for the purpose of granting bail only and I have not made any

observations on merits of the case. The trial shall be adjudicated on

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the strength of the evidence led and strictly on its own merits being

uninfluenced with any of the prima facie observations made

hereinabove in this order.


6.      The Bail Application No. 3469 of 2026 is allowed and disposed

of in the above terms.



                                              (MILIND N. JADHAV, J.)




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