Samir Noormiya Killarikar vs the State of Maharashtra — Bombay HC (2026) — LawSathi Research

Samir Noormiya Killarikar vs the State of Maharashtra — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Pending hearing and final disposal of the appeal, the applicant to be released on bail on executing a Personal Bond of Rs. 50,000/- with one surety in the like amount, subject to conditions: (a) he shall not enter the area of Latur City where the informant's family and witnesses are residing; (b) till disposal of the appeal he shall attend the jurisdictional police station every Sunday between 10.00 am and 11.00 am; and (c) he shall not in any manner approach the witnesses.

Issue for consideration

Whether the applicant, an under-trial prisoner whose appeal (APEAL/67/2024) is unlikely to be heard in the near future owing to pendency of criminal appeals from 2019, should be released on bail on the ground of long incarceration.

Court's answer

On account of pendency of criminal appeals from the year 2019, the applicant's appeal was not likely to be taken up in the near future.

Ratio / Principle

By the imprisonment certificate dated 10.01.2026 of the Superintendent of Latur District Prison, the applicant had undergone total detention of 11 years 7 months and 24 days, and 14 years 8 months and 21 days including remission.

Key takeaways

Bail was granted to the applicant solely on the ground of long incarceration; the Court expressly did not consider the merits of the matter.ratio¶22

Detailed headnote1 paragraphs

Bail granted on ground of long incarceration — Bombay High Court (Aurangabad Bench), Criminal Application No. 1009 of 2026 in APEAL/67/2024, decided 16.04.2026 (Nitin B. Suryawanshi and Vaishali Patil Jadhav, JJ.). The applicant, arrested on 29.03.2014 and an under-trial prisoner, had undergone total detention of 11 years 7 months and 24 days (14 years 8 months and 21 days including remission) as per the imprisonment certificate dated 10.01.2026 issued by the Superintendent of Latur District Prison. Since criminal appeals from the year 2019 were pending and the applicant's appeal was not likely to be taken up in the near future, the Court granted bail solely on the ground of long incarceration, expressly clarifying that the merits of the matter were not considered. Release ordered on a Personal Bond of Rs. 50,000/- with one surety in the like amount, conditioned on: exclusion from the area of Latur City where the informant's family and witnesses reside; attendance at the jurisdictional police station every Sunday between 10.00 am and 11.00 am till disposal of the appeal; and abstention from approaching the witnesses.

2026:BHC-AUG:16146-DB

{1}

908-appln-1009-2026

IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

CRIMINAL APPLICATION NO. 1009 OF 2026

IN APEAL/67/2024

Samir Noormiya Killarikar

...Applicant

VERSUS

The State Of Maharashtra & Another

...Respondents

Mr. Satej Jadhav h/f Mr. Ajinkya Reddy, Advocate for Applicant Mr. S.R. Wakle, APP for State

Mr. S.S. Panale, Special Public Prosecutor for CBI Mr. D.R. Kale h/f Mr. Kiran Rathod, Advocate for informant

CORAM : NITIN B. SURYAWANSHI AND

VAISHALI PATIL JADHAV, JJ.

DATE : 16^th APRIL, 2026

ORDER :

Heard learned advocate for the applicant, learned APP for State and learned advocate for CBI and learned advocate for the informant.

Applicant was arrested on 29.03.2014 and was under trial prisoner. As per the imprisonment certificate issued by the Superintendent of Latur District Prison on 10.01.2026, by that time, the applicant has undergone total detention period of 11 years 7 months and 24 days and including remission total sentence undergone by the applicant is 14 years 8 months and 21 days.

{2}

908-appln-1009-2026

Taking into consideration the pendency of criminal appeals from the year 2019, the appeal of the applicant is not likely to be taken up in near future. In that view of the matter, we are inclined to grant bail to the applicant only on the the ground of long incarceration. We make it clear that we have not considered merits of the matter. In the result, following order:

ORDER

(I) Criminal Application is allowed.

(II) Pending the hearing and final disposal of the appeal, applicant be released on executing Personal Bond of Rs. 50,000/- with one surety in the like amount.

(III) The applicant shall not enter area of Latur City where the informant’s family and witnesses are residing.

(IV) Till the disposal of appeal, applicant shall attend the jurisdictional police station on every Sunday between 10.00 am to 11.00 am.

(V) Applicant shall not in any manner approach the witnesses.

(VI) Criminal Application is accordingly disposed of.

(VAISHALI PATIL JADHAV, J.) (NITIN B. SURYAWANSHI, J.)

Bhagyawant Punde