Bhagwan Jagannath Solanke vs State of Maharashtra — Dowry and Cruelty | Bombay HC (2026)

Bhagwan Jagannath Solanke vs State of Maharashtra — Dowry and Cruelty | Bombay HC (2026)

What the court decided

AI extract

Outcome

Release on bail pending trial in Sessions Case No.128/2018 on furnishing a P.R. bond of Rs.50,000/- with one or two sureties in the like amount, subject to conditions: (i) reporting to Manmad Police Station, Nashik on the 1st and 16th of each calendar month between 10:00 a.m. and 02:00 p.m. until conclusion of trial; (ii) attendance before the trial Court on every date unless exempted for reasons recorded in writing; (iii) no tampering with prosecution evidence and no direct or indirect influence on prosecution witnesses; (iv) before release, furnishing his contact number, detailed residential address and a close relative's contact number until trial concludes; (v) breach of any condition to result in automatic cancellation of bail without further reference to this Court or the trial Court.

Issue for consideration

Whether the Applicant — accused in Sessions Case No.128/2018 (arising out of C.R.No.I-92/2018, Manmad Police Station, Nashik) for the alleged murder of his wife Mala, in custody for over seven years with the trial incomplete — should be released on bail pending trial.

Court's answer

The Applicant deserves to be released on bail pending the trial, and the Bail Application is accordingly allowed.

Ratio / Principle

Speedy trial is a constitutional right of the accused which seems to be eclipsed in this case, the Applicant having been behind bars for more than 7 years.

Key takeaways

The prosecution will take at least a year or two to complete the trial.ratio¶18
The Applicant's three dependent children were facing severe hardships in his absence during the long incarceration.ratio¶18
If released on bail, the Applicant is not likely to abscond, tamper with the prosecution evidence or misuse the liberty of bail.ratio

Detailed headnote1 paragraphs

Bombay High Court (Criminal Appellate Jurisdiction) — Coram: SHYAM C. CHANDAK, J. — Bail Application No. 1563 of 2025, decided 30th January, 2026 — ALLOWED. Bhagwan Jagannath Solanke, accused in Sessions Case No.128/2018 arising out of C.R.No.I-92/2018 (Manmad Police Station, Nashik) for offences under Sections 302, 201, 498A IPC for allegedly strangulating his wife Mala to death on 17/05/2018, was ordered released on bail pending trial. Grounds: bail had been rejected by the trial Court on 30/07/2019; though the charge-sheet was filed in 2018 and charge framed in July 2021, only two of the 32 proposed witnesses stood examined; the Applicant had been behind bars for more than 7 years and the prosecution would take at least a year or two more; speedy trial was described as a constitutional right of the accused seemingly eclipsed; the Applicant, poor and aged 28 at the incident, had maintained his family by begging, leaving three dependent children facing hardships; and he was found unlikely to abscond, tamper with evidence or misuse bail liberty. Bail granted on a P.R. bond of Rs.50,000/- with one or two sureties in the like amount, with conditions of fortnightly reporting at Manmad Police Station (1st and 16th of each month, 10:00 a.m.–02:00 p.m.), attendance on every trial date unless exempted for reasons recorded in writing, abstention from tampering with evidence or influencing witnesses, and pre-release furnishing of residential address and contact particulars; breach to entail automatic cancellation of bail. No precedent cited.

06 BA1563.2025.doc

P.H. Jayani

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

BAIL APPLICATION NO. 1563 OF 2025

Bhagwan Jagannath Solanke …. Applicant V/s. The State of Maharashtra …. Respondent

Mr. Nitin Gaware-Patil, appointed Advocate a/w. Mr. Harsh Rathod and Ms. Isha Palav for the Applicant. Mr. Ashish Satpute, APP for the Respondent – State.

CORAM : SHYAM C. CHANDAK, J.

DATE : 30^th JANUARY, 2026

P.C. :-

Present Application seeking release of the Applicant on bail in Sessions Case No.128/2018, arising out of C.R.No.I-92/2018, registered with Manmad Police Station, Nashik for offences punishable under Sections 302, 201, 498A of the Indian Penal Code.

Heard Mr. Gaware-Patil, learned Advocate for the Applicant and Mr. Satpute, learned APP for the Respondent – State. Perused the record.

The prosecution case is that, deceased Mala was the wife of the accused. They were living a nomadic life. The Applicant was maintaining his family by begging. Since about one year prior to the incident, love relations were established between the Applicant and one woman residing in his vicinity. The Applicant wanted to marry that woman. The deceased was against the said relationship. Therefore, the Applicant used to beat her. On 17/05/2018, at or before 08:00 a.m., the Applicant committed murder

1/3

06 BA1563.2025.doc

P.H. Jayani

of his wife Mala by strangulating her. On receiving information about the incident, Mrs. Draupada Solanke, sister of the deceased filed an FIR. The Applicant came to be arrested on 18/05/2018. On completion of investigation, charge-sheet was submitted for the said offences.

Mr Gaware-Patil, the learned appointed Advocate for the Applicant submitted that, the charge-sheet was filed in the year 2018. The bail was rejected by the trial Court on 30/07/2019. The charge was framed in July, 2021. Since then, the prosecution could examine only two witnesses. The learned APP submitted that, the prosecution is going to examine 32 witnesses in this case.

The above circumstances indicate that, the prosecution will take at least a year or two to complete the trial. The Applicant is poor. As stated in the report, the Applicant has three children. He was aged 28 years at the time of the incident. The Applicant was maintaining his family by begging. All this indicate that, the children were dependent on the Applicant and must be facing severe hardships in absence of proper support. They must be living at the mercy of others. The Applicant is behind bars for more than 7 years. Speedy trial is constitutional right of the accused which seems to be eclipsed in this case. If the Applicant is released on bail, he is not likely to abscond, tamper with the prosecution evidence and misuse the liberty of bail.

In view thereof, the Applicant deserves to be released on bail pending the trial. Thus, I am inclined to allow the Application and pass

2/3

06 BA1563.2025.doc

P.H. Jayani

following Order :-

(a) The Applicant Bhagwan Jagannath Solanke shall be released on bail in Sessions Case No.128/2018, arising out of C.R.No.I-92/2018, registered with Manmad Police Station, Nashik on his furnishing P.R. bond in the sum of Rs.50,000/with one or two sureties in the like amount.

(b) The Applicant shall report to Manmad Police Station, Nashik on 1^st and 16^th day of each calendar month between 10:00 a.m. to 02:00 p.m. till conclusion of the trial.

(c) The Applicant shall attend before the trial Court on each and every date, unless exempted by the trial Court, for reasons to be recorded in writing.

(d) The Applicant shall not tamper with the prosecution evidence and shall not directly or indirectly influence the prosecution witnesses to prevent them from deposing against him.

(e) Before his release from jail, the Applicant shall provide his contact number and the detailed residential address where he would stay and contact number of one of his close relative who can be contacted if required by the police, till the trial in the case is over.

(f) If the Applicant disobeyed any of the above conditions, the bail granted herein shall stand cancelled without further reference to this Court or the trial Court.

With the above observations, the Bail Application is disposed of.

PREETI HEERO JAYANI

(SHYAM C. CHANDAK, J.)

Digitally signed by PREETI HEERO JAYANI Date: 2026.02.02 19:36:16 +0530

3/3