Rahul Dinkar Gawale Vs the State of Maharashtra — Murder and Culpable Homicide | Bombay HC (2025)

Rahul Dinkar Gawale Vs the State of Maharashtra — Murder and Culpable Homicide | Bombay HC (2025)

What the court decided

AI extract

Outcome

Release on bail on furnishing a personal bond of Rs. 15,000/- with one surety of the like amount, subject to the condition that the applicant shall not tamper with prosecution evidence or pressurize the witnesses in any manner.

Issue for consideration

Whether the applicant, in custody since 11.09.2019 for more than six years amid delay in Sessions Case No. 105 of 2020 (only six witnesses' evidence recorded), is entitled to regular bail on the ground of violation of his right to a speedy trial.

Court's answer

Following the law laid down by the Supreme Court in Tapas Kumar Palit, the applicant's incarceration for more than six years was taken to mean his right to a speedy trial was seriously affected.

Ratio / Principle

Since the applicant's right to speedy trial was affected by the prolonged custody, he was entitled to bail and the application deserved to be allowed.

Detailed headnote1 paragraphs

Bombay High Court (Aurangabad Bench), Bail Application No. 857 of 2025, decided on 07.10.2025 by Sanjay A. Deshmukh, J. — Regular bail granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 to Rahul Dinkar Gawale, accused in Crime No. 334 of 2019 of Mukundwadi Police Station, District Aurangabad, for offences under Sections 302 and 107 IPC, 1860 and Sections 67 and 67-A of the Information and Technology Act (alleged murder of his wife; trial pending as Sessions Case No. 105 of 2020). Grounds: delay in trial — only six witnesses' evidence recorded despite custody since 11.09.2019 exceeding six years; the deceased had left a suicide note absolving everyone and referring to exploitation by her friends, ending 'I hate you, friend.' Relying on the law laid down in Tapas Kumar Palit v. State of Chhattisgarh, 2025 SCC OnLine SC 322, the court held the applicant's right to a speedy trial was seriously affected and he was entitled to bail; released on a personal bond of Rs. 15,000/- with one surety of the like amount, conditioned on not tampering with evidence or pressurizing witnesses.

915 BA NO. 857 OF 2025.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

915 BAIL APPLICATION NO. 857 OF 2025

RAHUL DINKAR GAWALE VERSUS

THE STATE OF MAHARASHTRA

Mr. Barlota Ambar S., Advocate for Applicant Mr. S. B. Narwade, APP for Respondents/State

CORAM : SANJAY A. DESHMUKH, J. DATE : 07.10.2025

PER COURT :-

Heard.

This is an application for grant of regular bail under Section

483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Crime No.334 of 2019 registered at Mukundwadi Police Station, District Aurangabad, for the offences punishable under Sections 302 and 107 of the Indian Penal Code, 1860 and Sections 67 and 67-A of the Information and Technology Act.

This application is filed for grant of regular bail on the ground of delay in the trial, i.e., Sessions Case No. 105 of 2020. The learned advocate for the applicant submitted that the applicant has been booked for commission of murder of his wife under Section 302 of the Indian Penal Code. He submitted that the trial has not proceeded

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expeditiously and that evidence of only six witnesses has been recorded so far. He further pointed out that the deceased wife of the applicant had left behind a suicide note stating that nobody should be held responsible for her death and mentioning that she had been exploited by her friends, concluding with the words “I hate you, friend.” The applicant has been in custody since 11.09.2019, for more than six years. Hence, he prayed for bail on the ground of violation of his right to a speedy trial.

The learned APP for the State strongly opposed the application and submitted that the evidence of six witnesses has already been recorded and the trial is likely to conclude within some days. It is lastly prayed to reject the application.

As per the law laid down by the Hon’ble Supreme Court in Tapas Kumar Palit Vs. State of Chhattisgarh, 2025 SCC OnLine SC 322, the applicant has been behind bar for more than six years. His right to a speedy trial is seriously affected. In such circumstances, the applicant is certainly entitled for bail as his right to speedy trial is affected. The application, therefore, deserves to be allowed. Hence, the following order:

:: ORDER ::

I. The application is allowed.

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II. The applicant, in connection with Crime No.334 of 2019 registered at Mukundwadi Police Station, District Aurangabad, for the offences punishable under Sections 302 and 107 of the Indian Penal Code, 1860 and Sections 67 and 67-A of the Information and Technology Act, be released on bail on furnishing personal bond of Rs.15,000/- with one surety of the like amount on following conditions:-

a) The applicant shall not tamper with the prosecution evidence and shall not pressurize the witnesses, in any manner.

[ SANJAY A. DESHMUKH, J. ]

HRJadhav

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