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Bombay High Court

CHASMU ALIAS SADRE ALAM MOHAMMAD UMAR KHANversusTHE STATE OF MAHARASHTRA AND ANR

Decided
Disposal
Disposed Off

Holding

The court held that the applicant's prolonged pre‑trial detention warranted bail, provided strict conditions to ensure the trial proceeds without prejudice.

Summary

Chasmu alias Sadre Alam Mohammad, the sole accused in a case under Section 376(2)(i)(j) of the IPC and Sections 4, 8 and 12 of the POCSO Act, had been in custody for more than nine years. He applied for bail while the trial was at the stage of recording his statement under Section 313 of the Cr.P.C. The Court, without addressing the merits, considered the length of pre‑trial detention and the need to expedite the trial. It concluded that continued incarceration would be unjust and that bail could be granted subject to stringent conditions to safeguard the trial process. Accordingly, the Court ordered his release on bail with a cash bond, surety, reporting requirements, and restrictions on influencing witnesses or leaving the state. The order expressly limited its observations to bail and did not prejudice the merits of the case.

Issues considered

  • Whether the applicant, despite being charged with serious sexual offences, is entitled to bail after more than nine years of pre‑trial detention.
  • Whether the trial stage and the need for expeditious completion justify granting bail with conditions.

Legislation cited

Subjects

  • bail
  • pre‑trial detention
  • sexual offences
  • IPC
  • POCSO Act
  • Criminal Procedure Code
  • conditions of bail

Judgment

                                                                                 39 ba 4148 of 2025.odt



                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           CRIMINAL APPELLATE JURISDICTION


                                      CRIMINAL BAIL APPLICATION NO. 4148 OF 2025

                        Chasmu alias Sadre Alam Mohammad
                        Umar Khan                                             .. Applicant
                                   Versus
                        The State of Maharashtra and Anr.                     .. Respondents

                                                   ....................
                         Ms. Farhana Shah, Appointed Advocate a/w. Mr. Omar Shah,
                          Advocate for the Applicant.
                         Ms. S.G. Talhar, APP for the Respondent No.1 – State.
                         Ms. Ashwini M. Railwar, Wanvadi Police Station, Pune, present.
                                                        ................…


                                                       CORAM : MILIND N. JADHAV, J.
                                                       DATE         : AUGUST 19, 2026

                        P. C.:


                        1.        Heard Ms. Shah, learned Advocate for the Applicant and Ms.

                        Talhar, learned APP for the Respondent–State.


                        2.        By this Application, the Applicant is seeking bail in connection

                        with CR No. 438 of 2017 registered with Wanwadi Police Station,

                        Pune, for the offences punishable under Section 376(2)(i)(j) of the

                        Indian Penal Code (IPC) and under Sections 4, 8 and 12 of the

         Digitally
         signed by      Protection of Children from Sexual Offences Act (“POCSO Act”, for
         RAJESHRI
RAJESHRI PRAKASH
PRAKASH AHER
AHER     Date:
         2026.08.20
         20:47:53
                        short).
         +0530

                      Rajeshri Aher

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                                                        39 ba 4148 of 2025.odt


  3.        Present Applicant has been arraigned as an accused, being the

  sole accused, under Section 376(2)(i) and (j) of the IPC and Sections

  4, 12, and 8 of the POCSO Act. Without dealing with anything on the

  merits of the matter and notwithstanding the age of the prosecutrix as

  well as the Applicant, after going through the medical record and the

  other material placed on record, I am of the clear opinion that, while

  releasing the Applicant on bail, who is incarcerated for more than 9

  years in custody, appropriate stringent conditions be applied, and the

  trial, which is virtually completed and is at the stage of recording of

  the statement under Section 313 of the Code of Criminal Procedure

  (Cr.P.C.), be completed as expeditiously as possible and, in any event,

  within three months from today.


  4.        This Court appreciates the assistance rendered by Ms.Shah

  learned Advocate appointed through the Legal Aid to espouse the

  cause of the complainant (prosecutrix). Her professional fees are

  directed to be released within a period of two weeks from today. Her

  professional fees be paid by the High Court Legal Aid Services

  Authority as per rules on production of a server copy of this order and

  completion of other compliances in accordance with the decision of

  this Court in the case of Sajyoti Nitin Telharkar v. The State of




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  Maharashtra and Anr.1 and the Schedule under Regulation 18(1) of

  the Maharashtra State Legal Services Authority Rules, 1998.


  5.        In my opinion, this would be the best course of action. Without

  expressing any opinion on merits, at this stage, since even a prima

  facie opinion, would otherwise affect the trial proceedings, which is

  almost over.


  6.        Hence, only on the ground of long incarceration and in the light

  of the aforesaid facts, the Applicant, having been in custody for more

  than 9 years, he is directed to be released on bail. I am, therefore,

  inclined to grant the present Application and release the Applicant on

  bail. Accordingly             the Application is allowed. The Applicant is,

  therefore, released on bail.


  7.        In view of the above the following order is passed:-


                                          :: O R D E R ::


           (i)      Applicant is directed to be immediately released from

           prison in connection with C.R. No. 438 of 2017;

           (ii)     Applicant is directed to be released on bail on furnishing

           P.R. Bond of Rs. 10,000/- (Rs. Ten Thousand only), with one

           surety of the like amount;



  1    Judgment dated 25.09.2024 passed in Misc.Civil Application No.134 of 2024.
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           (iii)   Applicant shall report to the Investigating Officer at

           Wanawadi Police Station, Pune, once every month on the first

           Sunday between 10:00 a.m. to 12:00 p.m.;

           (iv)    Applicant shall co-operate with the conduct of trial and

           attend the Trial Court on all dates, unless specifically exempted

           and will not take any unnecessary adjournments, if he does so, it

           will entitle the prosecution to apply for revocation of this order;

           (v)     Applicant shall not leave the State of Maharashtra

           without prior permission of the Trial Court;

           (vi)    Applicant shall not influence any of the witnesses or

           tamper with the evidence in any manner;

           (vii)   Applicant shall keep the Investigating Officer informed of

           his current address and mobile contact number and / or change

           of residence or mobile details, if any, from time to time, as

           applicable; and

           (viii) Applicant shall not reside in the jurisdiction of the Police

           Station where the prosecutrix victim is residing until the

           completion of trial;

           (ix)    Any infraction of the conditions shall entail cancellation

           of bail granted to the Applicant.




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  8.        It is clarified that the observations made in this order are

  limited for the purpose of granting bail only and I have not

  made any observations on merits of the case. The trial shall be

  adjudicated on the strength of the evidence led and strictly on

  its own merits being uninfluenced with any of the prima facie

  observations made herein above in this order.


  9.        Bail Application is allowed and disposed of in the above

  terms.




                                          [ MILIND N. JADHAV, J. ]




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