Bombay High Court

SAMIR CHAITANYA BISWASversusTHE STATE OF MAHARASHTRA

Decided: 2 February 2026
Disposal: Disposed Off

Holding

The court granted regular bail to the accused in the murder case.

Summary

The applicant, Samir C. Biswas, was arrested for murder under Section 302 of the Indian Penal Code in a case arising from a dispute with a co‑worker. The prosecution’s case relied on circumstantial evidence and an alleged extra‑judicial confession, while the defence argued that the evidence was insufficient and the trial had not progressed beyond framing of charge after three years of incarceration. The State opposed bail, citing the seriousness of the offence, whereas the applicant’s counsel emphasized the delay and lack of substantive progress. The judge noted the reliance on circumstantial evidence and the prolonged pre‑trial detention, concluding that the applicant could be released on bail. Accordingly, bail was granted on condition of a personal bond of Rs.25,000 with sureties and monthly reporting to the police.

Issues considered

Whether bail should be granted in a murder case (Section 302 IPC) pending trial
Whether the circumstantial evidence and alleged extra‑judicial confession justify denial of bail
Whether the three‑year pre‑trial detention without trial commencement warrants bail

Legislation cited

Indian Penal Code, 1860 — s. 302

Subjects

bail
murder
Section 302 IPC
circumstantial evidence
pre‑trial detention
extra‑judicial confession
criminal procedure

Judgment

                                                               19-ba-3665-25.doc


           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 CRIMINAL APPELLATE JURISDICTION
                BAIL APPLICATION NO. 3665 OF 2025

Samir C. Biswas                                         …Applicant
     V/s.
The State of Maharashtra                                ...Respondent.
                              …………..
Mr. Nagesh Khedkar a/w. Mr. Prashant Gatkul for the Applicant.
Mr. S.R. Agarkar, APP for the Respondent/State.
HC Vijay S. Marne, Haveli Police Station, Pune Rural is present.
                              …………..

                                CORAM         :     N.R. BORKAR, J.
                                DATE          :     02.02.2026.
P.C. :

1.       This is an application for regular bail.

2.       The applicant came to be arrested in Crime No.238 of 2022
registered at Haveli Police Station, Pune Rural for the offence
punishable under Section 302 of the Indian Penal Code.
3.       The deceased and the applicant were working as a waiter
and cook respectively in the hotel owned by the first informant. It
is alleged that on the date of incident which took place on 30 th
October 2022, on account of some trivial issue, dispute arose
between the applicant and the deceased, and during the said
dispute, the present applicant assaulted the deceased by iron rod
and committed his murder.
4.       I have heard the learned counsel for the applicant and the
learned APP for the respondent – State.
5.       Learned counsel for the applicant submits that the case is
based on circumstantial evidence. It is submitted that the
applicant is in jail for more than 3 years and there is no progress

Dinesh S. Sherla                        1/2
                                                                  19-ba-3665-25.doc


in the trial except framing of charge.
6.       On the other hand, learned APP for the respondent/State
submits that the applicant is involved in serious crime of murder.
It is submitted that there is enough incriminating material against
the applicant including his extra judicial confession. It is submitted
that considering the nature of crime, the applicant may not be
released on bail.
7.       I have perused the charge-sheet. The case is based on
circumstantial evidence. The applicant is in jail for more than 3
years. The trial is not likely to be concluded in the future as it has
not      yet       commenced.      Considering   the    overall   facts     and
circumstances of the case, I am inclined to release the applicant
on bail. In the result, the following order is passed.
                                    ORDER

           A]      The Application is allowed.
           B]      The applicant be released on bail in C.R. No. 238 of
           2022 registered at Haveli Police Station, Pune Rural for the
           offence punishable under Section 302 of the Indian Penal
           Code on furnishing P.R Bond in the sum of Rs.25,000/-
           (Rupees Twenty Five Thousand) with one or two sureties in
           the like amount.
           C]      The applicant shall attend the concerned police station
           once in a month ,i.e., on first Saturday between 11.00 a.m.
           to 2.00 p.m. till conclusion of the trial.


                                                   [N.R.BORKAR, J.]



Dinesh S. Sherla                           2/2

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