Bombay High Court
NANASAHEB BABAN LANDGEversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
- Bench
- SHIVKUMAR DIGE
Holding
The High Court granted regular bail to the accused, subject to bond and conditions, while emphasizing that the trial court will determine the case on its merits.
Summary
Nanasaheb Baban Landge applied for regular bail in a murder case (Crime No. 277 of 2019) under Section 302 of the Indian Penal Code. The prosecution alleges that he killed his wife by striking her with a stone, relying primarily on an extra‑judicial confession, while the defence argues the incident arose from a sudden quarrel and stresses the applicant's clean record. The applicant has been in custody for over six years with little progress in the trial, prompting a claim of violation of his right to a speedy trial. The State contended that the trial had commenced, two witnesses had been examined, and that releasing the accused could lead to absconding or witness tampering. The Court noted that the evidentiary value of the extra‑judicial confession would be assessed at trial, but considered the prolonged pre‑trial detention, lack of antecedents, and the likelihood of delay. Accordingly, the Court granted bail on a Rs.30,000 personal bond with sureties, imposing conditions to attend the police station, refrain from tampering with evidence, and not influence witnesses. The bail order was made with the clarification that the trial court will decide the case on its merits.
Issues considered
- Whether bail should be granted in a murder case where the prosecution's case is based on an extra‑judicial confession.
- Whether the prolonged pre‑trial detention of over six years justifies bail on the ground of the right to a speedy trial.
- Whether there is a risk of the accused absconding or tampering with witnesses that outweighs the bail considerations.
Legislation cited
- Indian Penal Code, 1860 — s. 302
Subjects
- bail
- murder
- Section 302 IPC
- extra‑judicial confession
- pre‑trial detention
- right to speedy trial
- Criminal Procedure Code
Judgment
6-BA-39-2026.doc
Shubhada S Kadam
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 39 OF 2026
Nanasaheb Baban Landge … Applicant/s
Versus
The State of Maharashtra … Respondent/s
_________________________________________________________________
Ms. Deepa Punjani, Advocate for the Applicant.
Mr. S. M. Mangaonkar, APP for Respondent-State.
_________________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 4th MARCH, 2026.
P.C. :
1. By this application, the applicant is seeking regular bail in
Crime No. 277 of 2019 registered with Khandeshwar Police Station,
District - Raigad, for the offences punishable under Section 302 of the
Indian Penal Code 1860.
2. It is prosecution’s case that the applicant murdered his wife by
assaulting her with stone on her head on the ground of quarrel between
them.
3. It is contention of learned counsel for the applicant that the
incident happened due to sudden quarrel. The prosecution’s case is based
Digitally
signed by on extra-judicial confession. The applicant is behind bars for more than six
SHUBHADA
SHUBHADA SHANKAR
SHANKAR KADAM
KADAM Date:
years, there is no progress in the trial. The applicant has no antecedents.
2026.03.06
11:08:01
+0530
Hence, requested to allow the application.
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6-BA-39-2026.doc
Shubhada S Kadam
4. It is contention of learned APP that the trial has commenced.
Two witnesses have been examined. If the applicant is released on bail, he
may abscond or threaten the prosecution witnesses and requested to reject
the application.
5. I have heard both learned counsel, perused charge-sheet and
documents produced on record. It appears that the prosecution’s case is
based on extra-judicial confession. The evidentiary value of extra-judicial
confession can be considered at the stage of trial. The applicant is behind
bars for more than six years, there is no progress in the trial. The applicant
has no antecedents. It may take time to conclude the trial. Considering
these facts, I pass following order :
ORDER
(i) The applicant be enlarged on bail in Crime No. 277 of 2019
registered with Khandeshwar Police Station, District - Raigad,
on executing P.R.Bond in the sum of Rs.30,000/- with one or
two sureties in the like amount.
(ii) The applicant shall attend the concerned police station as and
when required.
(iii) The applicant shall not tamper with the evidence or attempt to
influence or contact the complainant, witnesses or any person
concerned with the case.
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6-BA-39-2026.doc
Shubhada S Kadam
The application is allowed in the aforesaid terms and is
accordingly disposed of.
6. It is made clear that the above observations are made only for
the purpose of granting bail and the Trial Court shall decide the case on its
own merits in accordance with law and uninfluenced by the observations
made in this order.
7. All concerned to act on the authenticated copy of this order.
(SHIVKUMAR DIGE, J.)
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