Bombay High Court
YOGESH MADHUKAR NIKAMversusSTATE OF MAHARASHTRA
- Disposal
- Disposed Off
Holding
Bail was denied as the trial had progressed with witness examination, in line with the precedent cautioning against bail in serious offences at that stage.
Summary
Yogesh Madhukar Nikam applied for bail in a criminal case where the trial had already progressed with 19 prosecution witnesses examined. The State opposed bail, citing that the trial was substantially underway. The Court referred to the Apex Court decision in X v. State of Rajasthan (2024 INSC 909), which cautions against granting bail in serious offences such as rape, murder, or dacoity once witness examination has begun. Relying on that precedent, the Court declined to grant bail and disposed of the application. The Court also directed the trial court to aim to conclude the trial within four months and ordered the applicant to pay Rs. 10,000 as professional fees to the legal‑aid counsel.
Issues considered
- Whether bail can be granted in a serious offence after the trial has commenced and prosecution witnesses are being examined
Subjects
- bail
- criminal procedure
- serious offences
- trial progression
- legal aid
Judgment
2-BA-4091-2024 (CR).doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLN. NO. 4091 OF 2024
Yogesh Madhukar Nikam
Vs.
State Of Maharashtra
Mr. Kedar Lad, advocate for the Applicant through Legal Aid
Mr. Nitin B. Patil APP for the State
CORAM : SACHIN S. DESHMUKH, J.
DATE : 28th APRIL, 2026.
P. C. :
1. Learned APP submitted that the trial has substantially
progressed and in the process, 19 witnesses are examined.
Therefore, the Hon’ble Apex Court in case of ‘X’ Versus the State of
Rajasthan1, has cautioned against granting bail in serious offences
like rape, murder, dacoity etc., once the trial commences and the
prosecution witnesses are being examined.
2. In that view of the matter, Application stands disposed of. The
concerned Court is requested to make an endeavour to conclude the
trial within period of four months from today.
3. Professional fees of Rs. 10,000/- to be paid to learned counsel
appointed through Legal Aid for the Applicant.
Digitally
signed by
IRESH
[SACHIN S. DESHMUKH, J.]
IRESH MASHAL
MASHAL Date:
2026.04.28
20:16:40 1 2024 INSC 909
+0530
Iresh 1 of 1
Checking your session…