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Bombay High Court

DILIP DNYANESHWAR PAWARversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Allowed

Holding

Bail is granted to the applicant with conditions.

Summary

The applicant, Dilip Dnyaneshwar Pawar, sought bail under Section 439 of the CrPC and Section 483 of the Bharatiya Nagarik Suraksha Sanhita for offences of murder, criminal conspiracy and common intention (IPC §§302, 120‑B, 34). He had been in custody for 5 years and 4 months pending trial, with only 15 of the 56 prosecution witnesses examined and the next trial date scheduled for 10 October 2026. The State argued that only two witnesses remained and that the period of bail granted during the COVID‑19 pandemic should not be counted towards his incarceration, while also alleging that the applicant’s father had threatened a relative of the first informant. The Court rejected the State’s contention on the COVID‑19 period, held that the prolonged pre‑trial detention was unreasonable, and found no compelling reason to deny bail despite the alleged threat. Consequently, the Court granted bail with a personal bond of Rs. 25,000 and a series of reporting and non‑interference conditions, and ordered the application disposed.

Issues considered

  • Whether the applicant is entitled to bail despite a prolonged pre‑trial detention of over five years.
  • Whether the period of release during the COVID‑19 pandemic should be excluded from the calculation of total incarceration for bail considerations.
  • Whether alleged threats by the applicant’s father against a relative of the first informant constitute a ground to deny bail.

Legislation cited

Subjects

  • bail
  • pre‑trial detention
  • long incarceration
  • IPC 302
  • IPC 120‑B
  • IPC 34
  • Section 439 CrPC
  • Section 483 B.N.S.
  • COVID‑19 prison release
  • witness tampering

Judgment

                                                                       36. BA-752-26.odt


Amberkar

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  CRIMINAL APPELLATE JURISDICTION


                             BAIL APPLICATION NO. 752 OF 2026

           Dilip Dnyaneshwar Pawar                          .. Applicant
                      Versus
           The State of Maharashtra & Anr.                  .. Respondents
                                       ....................
            Mr. Aniket Nikam a/w Ms. Abhilasha Pawar & Mr. Sumit Patil,
              Advocates for Applicant
            Ms. Rajeshree V. Newton, APP for State
            Mr. Amol B. Jagtap i/by Mr. Siddharth Bane, Advocate for First
             Informant
            H.V. Waghmare, PSI, Khopoli Police Station, Dist. Raigad
                                          ...................
                                         CORAM : MILIND N. JADHAV, J.
                                         DATE          : SEPTEMBER 29, 2026
           P. C.:

           1.       Heard Mr. Nikam, learned Advocate for Applicant; Ms. Newton,

           learned APP for State and Mr. Jagtap, learned Advocate for First

           Informant.


           2.        This is an Application under Section 439 of the Code of

           Criminal Procedure, 1973 / Section 483 of Bharatiya Nagarik

           Suraksha Sanhita, 2023 seeking           Bail in connection with C.R. No.

           52/2018 dated 16.04.2018 registered with Khopoli Police Station,

           Dist. Raigad for the offences punishable under Sections 302, 120-B

           read with 34 of the Indian Penal Code, 1860 (for short "IPC").




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3.    Applicant is incarcerated for a period of 5 years 4 months

pending trial. Trial has commenced. 15 out of the probable 56

witnesses as cited by the prosecution have been examined.


4.    Learned APP would persuade the Court not to grant bail since

according to her instructions only 2 witnesses remained to be

examined and the next date in the Trial Court is 10.10.2026. She

would further argue that during the Covid period, the Applicant was

released on bail and therefore that period should not be counted for

incarceration. I refuse to agree with such submission made by learned

APP primarily because this Court has already taken a stand and a

decision that even during the Covid period, it was on the volition of

the State that the prisoners were released for their better upkeep and

health reasons and therefore assuming that even if they were released

during the Covid period on bail, that period will also have to be

counted towards the total incarceration for the purpose of long

incarceration of the Applicant in jail. The purpose of bail is to ensure

that the Applicant attends trial. The purpose is not to indefinitely keep

the Applicant in jail at the whims and caprice of the prosecution.

There is no material placed on record as to who are the only two

witnesses. The time of 5 years 4 months itself is humongous.


5.    In so far as the first informant is concerned, Mr. Jagtap apprises

the Court that last year, the father of the Applicant had threatened

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another relative of the first informant and therefore, the Applicant

should be denied bail because of such conduct.


6.    On prima facie reading of the FIR filed by the concerned first

informant's family member, the said contents of the FIR are prima

facie unbelievable and it does not inspire any confidence of this Court

at all. Needless to state that Applicant cannot be endlessly kept in jail

for the trial to conclude. There is absolutely no possibility of the trial

being concluded in the near foreseeable future and therefore,

considering the aspect of long incarceration, I am inclined to allow the

present Application. Hence, the Applicant is released on bail on the

following terms and conditions:-


          (i)   Applicant is directed to be immediately released on bail

                from prison in connection with C.R. No. 52/2018;

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

                furnishing P.R. Bond of Rs. 25,000/- (Rs. Twenty Five

                only) with one or two sureties in the like amount;

          (iii) Applicant shall report to the Investigating Officer at

                Khopoli Police Station, once every month on the first

                Sunday of the month 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

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                                        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)Any infraction of the conditions shall entail cancellation

                                        of bail granted to the Applicant.

            7.        Needless to state that the above observations will not come in

            the way of trial as they are prima facie in nature based on the

            submissions made and the material placed before this Court.


            8.        Bail Application is allowed and disposed of in the above terms.



Amberkar                                                          [ MILIND N. JADHAV, J. ]

                     Digitally signed
                     by RAVINDRA
           RAVINDRA MOHAN
           MOHAN    AMBERKAR
           AMBERKAR Date:
                     2026.09.29
                     15:10:42 +0530




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