Bombay High Court
RUSHIKANT DATTATRAY PAYGUDEversusSTATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Disposed Off
Holding
The bail application is disposed of, with directions to the trial court to expedite the trial.
Summary
The applicant, Rushikant D. Paygude, filed a bail application. Counsel for the applicant highlighted that all witnesses had been examined and the case was at the stage of recording the accused's statement under Section 313 of the Cr.P.C., but the investigating officer had failed to produce the accused in court for three consecutive dates. The State contended that with all witnesses examined, there was nothing further to consider in the bail application and that the accused would be produced before the Special Court for statement recording under Section 351 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The Court, noting that the prosecution had completed its witness examination and only the statement recording remained, disposed of the bail application and directed the trial court to expedite the trial. A copy of the order was to be sent to the Legal Aid Department for payment of the applicant’s counsel fees.
Issues considered
- Whether the bail application should be entertained when all witnesses have been examined and only the recording of the accused's statement remains.
- Whether the trial court should be directed to expedite the trial in view of the pending statement recording.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 351
- Code of Criminal Procedure, 1973 — s. 313
Subjects
- bail
- criminal procedure
- statement recording
- trial expediting
- legal aid
Judgment
18-BA-3717-2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 3717 OF 2025
Rushikant Dattatray Paygude .....Applicant
Versus
The State of Maharashtra & Anr. .....Respondents
.....
Ms. Yashodeep Deshmukh (through VC) a/w Ms. Vaidehi Deshmukh
& Mr. Pratishtha Shukla, for the Applicant.
Mr. Ajay Patil, A.P.P, for the Respondent-State.
..…
CORAM : SANDESH D. PATIL, J.
DATE : 9th OCTOBER, 2026
P.C.:-
1. Learned Counsel Mr. Yashodeep Deshmukh who is an
appointed Advocate through legal aid, appearing for the applicant
fairly states that all the witnesses have been examined and the
matter is at the stage of recording statement of the applicant/accused
under Section 313 of the Cr.P.C. He states that the Investigating
Officer has however, failed to produce the applicant/accused in the
Court since last three dates. He submits that the only indulgence he
requires from this Court is that the applicant be produced before the
learned Special Court on the next date.
Wakodikar 1/2
Digitally signed
RUPALI by RUPALI
RAJESH
RAJESH WAKODIKAR
WAKODIKAR Date: 2026.10.09
18:17:16 +0530
18-BA-3717-2025.doc
2. Mr. Ajay Patil, learned A.P.P appearing for the State, on
instructions, submits that since all the witnesses are examined,
nothing remains for further consideration in this bail application. He
further submits on instructions that the accused will be kept present
before the Trial Court on next date for recording statement under
Section 351 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
3. since the prosecution has examined all their witnesses and only
recording of statement under Section 351 is to be done; it would be
desirable to dispose of the present bail application, with directions to
the learned Trial Court to expedite the trial.
4. Application is disposed of. Trial as expedited.
5. A copy of today’s order be sent to the Legal Aid Department for
the disbursement of professional fees of learned Counsel appearing
for the applicant, through Legal Services Authority.
(SANDESH D. PATIL, J.)
Wakodikar 2/2
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