Bhalchandra @ Bhalya Siddhappa Keshgond vs the… — Murder and Culpable Homicide | Bombay HC (2025)

Bhalchandra @ Bhalya Siddhappa Keshgond vs the… — Murder and Culpable Homicide | Bombay HC (2025)

What the court decided

AI extract

Outcome

Applicant to be released on bail in Crime No. 63 of 2021 (Umadi Police Station, Sangli) on furnishing P.R. Bond of Rs. 25,000/- with one or two sureties in the like amount to the satisfaction of the Additional Sessions Judge, Sangli; conditions: (b) not to enter the jurisdiction of Jath Taluka, District Sangli pending hearing and final disposal of Sessions Case No. 276 of 2021; (c) to attend each and every date of hearing before the learned Additional Sessions Judge, Sangli unless exempted; (d) to furnish residential addresses with proof and contact details to the Trial Court and Investigating Officer, Umadi Police Station, Sangli within 3 days of release; (e) not to directly or indirectly make any inducement, threat or promise to any person acquainted with the facts so as to dissuade him from disclosing facts, and not to tamper with evidence. Statement of counsel that the Applicant shall not enter Jath Taluka jurisdiction accepted as a statement made to the Court.

Issue for consideration

Whether the Applicant, in custody since 5th March, 2021 in Crime No. 63 of 2021 (S.302 IPC), is entitled to regular bail on the ground of long incarceration, the trial having not concluded even after expiry of the nine-month period fixed by this Court's order dated 5th December, 2022, i.e., on the ground of delay/slow progress of trial and the right to speedy trial.

Court's answer

It is indisputable that the trial has not concluded even after expiry of the period of nine months from 5th December, 2022 fixed by this Court.

Ratio / Principle

The Applicant is justified in pressing into service his right to speedy trial on account of the delay and slow progress of the trial; this Court had already taken note of the Applicant's right to speedy trial in its order dated 5th December, 2022.

Key takeaways

Considering the long incarceration of the Applicant in the present Crime, and it being unlikely that the trial can be concluded within a reasonable period, the bail application is allowed, subject to conditions including release on a P.R. Bond of Rs. 25,000/- with one or two sureties in the like amount, a bar on entering the jurisdiction of Jath Taluka, District Sangli, attendance at every hearing before the learned Additional Sessions Judge, Sangli unless exempted, furnishing of residential address with proof and contact details within 3 days of release, and abstention from inducement, threat, promise or tampering with evidence.ratio¶45

Detailed headnote1 paragraphs

Bail – S.483 BNSS – Regular bail – Offence under S.302 IPC – Crime No. 63 of 2021, Umadi Police Station, Dist-Sangli; Sessions Case No. 276 of 2021 pending before learned Additional Sessions Judge, Sangli – Applicant arrested 5th March, 2021 – First bail application rejected 30th October, 2021; this Court in Criminal Bail Application No. 167 of 2022, by order dated 5th December, 2022, directed the trial Court to endeavour to conclude the trial within nine months, with liberty to renew bail if not concluded – Trial not concluded even after expiry of the nine-month period; renewed bail application (Exh. 16) dismissed 28th December, 2023 – Held: Applicant justified in pressing into service his right to speedy trial on account of delay/slow progress of trial; considering the long incarceration and the unlikelihood of the trial concluding within a reasonable period, bail granted on conditions: P.R. Bond Rs. 25,000/- with one or two like sureties; Applicant not to enter jurisdiction of Jath Taluka, District Sangli during pendency of Sessions Case No. 276 of 2021; attendance at every hearing unless exempted; residential address with proof and contact details to be furnished within 3 days of release; no inducement, threat or promise and no tampering with evidence. Application disposed of accordingly. (Paras 9–13)

Digitally signed ARUNASANDEEP by ARUNASANDEEPTALWALKAR TALWALKAR Date: 2025.06.2419:34:59 +0530 41.BA4577.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

CRIMINAL BAIL APPLICATION NO. 4577 OF 2024

Bhalchandra @ Bhalya Siddhappa Keshgond. ... Applicant. Vs. The State of Maharashtra. ... Respondent.

Mr. Satyavrat Joshi, (appeared through V.C.) i/b. Ms. Sakshi S. Mane, Advocate for Applicant.

Mr. T.G. Khan, APP for Respondent/State.

Mr. S. B. Jadhav, PSI, Umadi Police Station.

CORAM : ASHWIN D. BHOBE, J. DATE : 24^th JUNE, 2025.

P.C. :

Heard Mr. Satyavrat Joshi, learned Advocate for the Applicant and Mr. T.G. Khan, learned APP for State.

By the present Application filed under section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), the Applicant is seeking regular bail in Crime No. 63 of 2021 registered with Umadi Police Station, Dist-Sangli for offence punishable under Section 302 of the Indian Penal Code.

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The Applicant was arrested on 5^th March, 2021.

Mr. Joshi, learned Advocate for the Applicant states that

said Crime is now registered as Sessions Case No. 276 of 2021 and the same is pending on the file of the learned Additional Sessions Judge, Sangli.

Bail Application filed by the Applicant in Sessions Case No. 276 of 2021 was rejected by the learned Additional Sessions Judge, Sangli on 30^th October, 2021. Applicant thereafter filed Criminal Bail Application No. 167 of 2022, before this Court seeking bail in the said crime. On 5^th December, 2022, this Court had disposed of the Application, by passing following order :

“As the applicant is in jail for more than 1½ years, the trial Court shall endevour to conclude the trial as early as possible. In case trial is not concluded within a period of nine months, the applicant is at liberty to file bail application before the trial Court. The application is disposed of accordingly.”

6. Mr. Joshi, learned Advocate for the Applicant states that

despite expiry of period of 9 months granted by this Court for

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completion of trial, the trial is still pending. He states that prosecution witnesses are 27 in number. He states that the pace at which the trial is conducted, disposal of the matter would be delayed. He states that in terms of the liberty granted by this Court on 5^th December, 2022, the Applicant had filed Bail Application at Exh. 16 in Sessions Case No. 276 of 2021, which was dismissed by the learned Additional Sessions Judge, Sangli on 28^th December, 2023. He states that while dismissing the Bail Application, the learned Additional Sessions Judge has observed that there is no direct evidence regarding occurrence of the offence. He submits that this Court having considered the situation of the Applicant, had granted liberty to the Applicant to move for bail by fixing a specific period in the order dated 5^th December, 2022. He submits that the said period has expired in the year 2023, however, the trial is not concluded even in the year 2025. He therefore, submits that the Applicant would be entitled to bail on the ground of long incarceration.

Mr. Khan, learned APP for the State submits that the

trial is not concluded and there are still more witnesses to be

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examined. He on instructions states that there are 3 witnesses

which includes Investigating Officer who are to be examined.

Perused the records with the assistance of the learned Advocates for the parties.

By order dated 5^th December, 2022 this Court,

considering the incarceration of the Applicant had observed that the trial be concluded within a period of 9 months and if not, the Applicant was at liberty to apply for bail. Indisputably, the trial has not concluded even after expiry of the period of 9 months

from 5^th December, 2022.

Applicant is justified in pressing in service his right to speedy trial on account of the delay/slow progress of the trial. This Court had taken note of the Applicant having right to speedy trial and as such made observation in the order dated 5^th December, 2022.

Mr. Joshi, learned Advocate for Applicant states that he

has specific instructions from the Applicant to state that in case,

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the Applicant is enlarged on bail, the Applicant shall not enter the jurisdiction of Jath Taluka, District Sangli pending hearing and final disposal of the Sessions Case No. 276 of 2021. Statement is accepted as a statement made to this Court by the Applicant.

In view of the above, considering the long incarceration of the Applicant in the present Crime and it is unlikely that the trial can be concluded within a reasonable period, this Application is allowed on the following terms:

(a) Applicant be released on bail in Crime No. 63 of 2021 registered with Umadi Police Station, Sangli upon furnishing P.R. Bond in the sum of Rs. 25,000/- with one or two sureties in the

like amount to the satisfaction of the Additional Sessions Judge, Sangli.

(b) Applicant shall not enter the jurisdiction of Jath Taluka, District Sangli pending hearing and final disposal of the Sessions Case No. 276 of 2021.

(c) Applicant shall attend each and every date of hearing before

the learned Additional Sessions Judge, Sangli in Sessions Case No.

276 of 2021, unless exempted.

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(d) The Applicant upon release within 3 days shall furnish his residential addresses with proof and contact details to the Trial Court and Investigating Officer, Umadi Police Station, Sangli.

(e) Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing the facts to Court or any Police Officer. The Applicant shall not tamper with evidence

Criminal Bail Application No. 4577 of 2024 is disposed of.

(ASHWIN D. BHOBE, J.)

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