NILESH NARAYN WAGHASKARversusSTATE OF MAHARASHTRA

                                                             1              903-BA 3554-26 @ IA.doc



                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           CRIMINAL APPELLATE JURISDICTION

                                      CRIMINAL BAIL APPLICATION NO.3554 OF 2026

                       Nilesh Narayn Waghaskar                         … Applicant
                             Vs.
                       The State of Maharashtra                        … Respondent

                                                          WITH
                                        INTERIM APPLICATION NO.3394 OF 2026
                                                            IN
                                    CRIMINAL BAIL APPLICATION NO.3354 OF 2026
                                                           -----
                       Mr. Manoj Mohite, Senior Advocate a/w Shailesh Kharat, Onkar
                       Chaudhari, Shreyash More for the Applicant.
                       Mr. V. N. Sagare, APP for the Respondent-State.
                       Mr. Piyush Toshnival a/w Vedant Jagtap for the Applicant-Intervener in IA
                       No.3394 of 2026.
          Digitally
                                                           -----
          signed by
          MUGDHA
MUGDHA    MANOJ
MANOJ     PARANJAPE
PARANJAPE Date:
                                                          CORAM :      N.R. BORKAR, J.
          2026.10.07
          19:16:53
          +0530
                                                          DATE    :    07TH OCTOBER 2026
                       P.C. :
                       1.       This is an Application for regular bail.


                       2.       The bail is inter-alia sought on the ground of long incarceration.


                       3.       Learned Senior Counsel for the Applicant submits that the Applicant
                       is in jail for five years. It is submitted that except framing of charge on 19 th
                       November 2024, there is no progress in the trial. It is submitted that the
                       prosecution has cited 33 witnesses and thus the trial is not likely to be
                       concluded in the near future. It is further submitted that the other co-
                       accused are released on the ground of long incarceration. Learned Senior


                            Mugdha                                                                    1 of 2
                                    2               903-BA 3554-26 @ IA.doc



Counsel for the Applicant has relied upon the order passed by the Hon’ble
Supreme Court in Petition for Special Leave to Appeal (Cri.) No.7502 of
2026 dated 04th May 2026 to submit that the Hon’ble Supreme Court in
the similar circumstances has granted bail on the ground of long
incarceration.


4.       On the other hand, Learned APP for the Respondent-State and
Learned Counsel for the Intervenor (the wife of the deceased) submit that
the case is based on direct evidence. It is submitted that the deceased was
brutally murdered. It is submitted that the trial could not proceed as FSL
report was not received. The Learned Counsel for the Intervenor submits
that the Intervenor will not object to release of the Applicant on bail if the
trial is not concluded within a period of three months.


5.       Considering the overall facts and circumstances of the case, I am
inclined to grant one more opportunity to the prosecution.


6.       The Criminal Bail Application is thus disposed of with liberty to the
Applicant to file an application for bail before this Court if the trial is not
concluded within a period of three months from today.


7.       The Interim Application shall also stand disposed of.


                                               (N.R. BORKAR, J.)




     Mugdha                                                                   2 of 2