AJIT BALASO PATILversusSTATE OF MAHARASHTRA AND ANOTHER

                                                           66-BA-767-2026 (CR).docx


           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CIRCUIT BENCH AT KOLHAPUR

                     CRIMINAL APPELLATE JURISDICTION

                    CRIMINAL BAIL APPLN. NO. 767 OF 2026

Ajit Balaso Patil                                      …...Applicant
                     Versus.
State Of Maharashtra & Anr.                            …...Respondents


                                       -----
Mr. Onkar Bajaj a/w. Mr. Priyal Sarda (Through V.C.) for Applicant.
Dr. A.A. Takalkar, A.P.P. for Respondents-State.
Officer : PSI Mr. Deepak Mane, Shivajinagar Police Station, present.
                                      -------

                                 Coram :       ASHWIN D. BHOBE, J.

                                 Date      :   6th October 2026.

PER COURT :


1.    Heard, Mr. Onkar Bajaj, learned Advocate for the Applicant and Dr.

Takalkar, learned A.P.P. for the Respondents-State.


2.    By this Application, filed under Section 483 of the BNSS 2023, the

Applicant seeks regular bail in connection with Crime No. 332 of 2018, dated

17th September 2018, registered at Shivajinagar Police Station, District

Kolhapur, for offences punishable under Sections 302 and 307 of the Indian

Penal Code (IPC).



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3.      Mr. Onkar Bajaj, learned Advocate for the Applicant, states that the

Applicant is the sole accused in Crime No. 332 of 2018. He further states that

the said crime is registered as Sessions Case No. 03 of 2019 and is pending

before the learned Additional Sessions Judge, Ichalkaranji (“Trial Court”).


4.      The prosecution case is that on 17 th September 2018, the Applicant

committed the murder of his father-in-law, Dhondiram Ravan, owing to a

quarrel arising out of a matrimonial dispute between the Applicant and his

wife. During the quarrel, the Applicant assaulted his father-in-law.

Dhondiram Ravan succumbed to the injuries sustained in the assault.


5.      The Applicant was arrested on 19 th September 2018. His bail

application at Exhibit-10, filed in Sessions Case No. 03 of 2019, was rejected

by the Trial Court on 24th September 2021.


6.      Mr. Onkar Bajaj, learned Advocate for the Applicant, submits that the

Applicant seeks bail on the ground of long incarceration. He submits that the

Applicant has been in custody since 19 th September 2018 and remains so. He

submits that, although the prosecution has enlisted 28 witnesses, only 8 have

been examined to date. He submits that the Applicant's right to a speedy trial

has been infringed. He therefore requests that the Applicant be released on

bail.




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7.    Dr. A. A. Takalkar, learned A.P.P. for the Respondents-State, does not

dispute that the Applicant was arrested on 19 th September 2018, that only

eight witnesses have been examined in Sessions Case No. 3 of 2019 and that

the prosecution intends to examine the remaining 20 witnesses. She submits

that the offence committed by the Applicant is serious and has resulted in the

death of his father-in-law.


8.    Undeniably, the Applicant has been in custody for almost eight years

and ten days since his arrest. The trial is still in progress and the prosecution

has yet to examine 20 more witnesses.


9.    To a query put to Dr. A. A. Takalkar, learned A.P.P. for the Respondents-

State, as to whether the material witnesses, namely, the daughter of the

deceased and the wife of the Applicant, have been examined in Sessions Case

No. 03 of 2019, she, on instructions, answers in the affirmative.


10.   Considering that the Applicant has been in custody for almost eight

years, that the trial is still in progress and that it may take some time to

conclude, Mr. Onkar Bajaj, learned Advocate for the Applicant, is justified in

submitting that the Applicant's right to a speedy trial has been infringed.


11.   It is only on the ground of long incarceration that this Court is

compelled to show indulgence and grant the Applicant bail.




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12.   In view of the above, the Application is allowed on the following terms:


      (a)   The Applicant in Crime No. 332 of 2018, dated 17 th September
            2018, registered with Shivajinagar Police Station, District
            Kolhapur, shall be released on bail upon furnishing a P.R. bond
            of Rs. 50,000/- (Rupees Fifty Thousand only), with one or two
            sureties in the like amount to the satisfaction of the Additional
            Sessions Judge, Ichalkaranji in Sessions Case No. 3 of 2019.

      (b)   The Applicant shall report to the Investigating Officer on the
            second Monday of every month from 10.00 a.m to 11.00 a.m.
            until the conclusion of the trial in Sessions Case No. 03 of 2019.

      (c)   The Applicant shall regularly appear before the Trial Court in
            Sessions Case No. 03 of 2019 unless specifically exempted. If the
            Applicant fails to appear before the Trial Court on the fixed date,
            the same will be treated as a breach of condition, and the Trial
            Court, District Pune, will be at liberty to pass appropriate orders.

      (d)   The Applicant shall not, directly or indirectly, make any
            inducement, threat or promise to any person acquainted with
            the facts of the case to dissuade such person from disclosing the
            facts to the Court or any police officer.

      (e)   The Applicant shall not tamper with evidence in any manner.

      (f)   Within three (3) days of his release, the Applicant shall provide
            the Investigating Officer with his residential address and proof
            thereof, his contact numbers and must inform the Investigating
            Officer of any changes to this information from time to time.




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                              (g)   In the event of any default in complying with the conditions or
                                    misuse of the liberty granted to the Applicant, the prosecution
                                    shall be at liberty to seek cancellation of bail before the Trial
                                    Court.

                       13.    The Criminal Bail Application No. 767 of 2026 is disposed.




                                                            [ ASHWIN D. BHOBE, J. ]


           Digitally signed
           by OMKAR
           SHIVAHAR
OMKAR      KUMBHAKARN
SHIVAHAR
KUMBHAKARN Date:
           2026.10.07
           10:53:42
           +0530




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