Bombay High Court
Shrikant Alies Nehal S/O Bhagavandas ... vs The State Of Maharashtra Through Pso Ps ... on 1 October, 2025
2025:BHC-NAG:10065
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION(BA) NO. 645 OF 2024
Shrikant Alias Nehal Bhagavandas Bhivgade Vs. State of Maharashtra
and anr.
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Office notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's Orders.
or directions and Registrar's orders.
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Mr.R.M.Daga, counsel for the applicant.
Mr.Vinod Thakare, APP for the State.
CORAM : MRS. VRUSHALI V. JOSHI, J.
DATE : 01/10/2025
1) Heard.
2) By this application, the applicant has prayed for
regular bail in connection with Crime bearing No. 315 of
2023 registered at Police Station Gondia City, District
Gondia, for the offence punishable under Sections
143,147,149,302,307 and 452 of the Indian Penal Code read
with Sections 4/25 of Arms Act.
3) It is alleged that the applicant and one of the
juvenile had committed the murder of the deceased. The
complainant and the deceased were sleeping in the house of
deceased. At night the complainant heard some voice and he
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woke up and found that the accused No.1 i.e juvenile,
stabbed the deceased on his chest, neck and stomach and
this applicant has also given blows with small knife. The
applicant tried to kill the complainant with the knife by
keeping said knife on his neck. The complainant called the
mother of the deceased and they took the deceased to the
hospital and there, doctor declared him dead. Thereafter, the
crime came to be registered.
4) The learned counsel appearing for the applicant has
stated that the accused no.1 is juvenile and is on bail. The
applicant is in jail since last two and half years. The main
ground for filing of this application is delay in trial. Since
two and half years, there is no progress in trial. Hence,
prayed to release the applicant on bail.
5) Learned APP has opposed the application stating
that the offence is of serious nature. There is eye witness.
The first informant is the eye witness and he is also injured.
If the trial is expedited, it can be concluded, there is no need
to release the applicant on bail.
6) Heard both the sides.
7) The ground on which the applicant has filed this
application is delay in trial. I have called the status report of
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the trial and found that till 20.06.2025, the charge was not
framed. The trial is not yet commenced.
8) The learned counsel for the applicant has relied on
the judgment of the Hon'ble Apex Court in Criminal Appeal
arising out of SLP (Criminal) No. 5139 of 2025
(Surendra..Vs. State of Maharashtra), wherein observations
are made that though offence punishable under Section
Maharashtra Control of Organized Crime Act, 1999 is
registered against the applicant, the court has released the
applicant on bail on the ground of delay in trial. He has also
relied on the order of this Court passed in Bail Application
No.4122 of 2021 ( Sonu Parmeshwar Jha Vs. The State of
Maharashtra) decided on 18/01/2023 and the another
Criminal Application (BA) No.54 of 2025 ( Avinash Surendra
Mate Vs. State of Maharashtra, wherein the Court has
granted bail in case of murder, as there is delay in trial.
9) I have gone through the orders passed by this
Court and the Hon'ble Apex Court. After going through the
report, the reasons given in delay in trial are not satisfactory.
Since last two and half years, the trial is not commenced, the
applicant needs to be released on bail on the ground of delay
in the trial.
10) Accordingly, I pass the following order:
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i) Criminal application is allowed.
ii) Applicant- Shrikant Alias Nehal Bhagavandas
Bhivgade be released on bail in Crime No.315 of 2023
registered at Police Station Gondia City, District Gondia, for
the offence punishable under Sections 143, 147, 149, 302,
307 and 452 of the Indian Penal Code read with Sections
4/25 of Arms Act on his furnishing P.R. Bond in the sum of
Rs. 25,000/- (Rupees Twenty Five Thousand only) with one
surety in the like amount.
iii] The applicant shall not in any way tamper with
the prosecution evidence.
iv] The applicant shall not pressurize or threaten the
prosecution witnesses.
v] The applicant shall co-operate the investigation
officer.
11) The Criminal Application stands disposed of
accordingly.
JUDGE
Signed by: Kavita P Kavita
Tayade
Designation: PS To Honourable Judge
Date: 01/10/2025 18:56:34
