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Bombay High Court
Sanjay Gangaram Avthare (In Jail) vs State Of Maharashtra Thr Pso Sironcha ... on 11 March, 2026
Author: Anil Laxman Pansare
Bench: Anil Laxman Pansare
Order apeal 104.2026.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
Criminal Appeal No. 104 of 2026
[Sanjay S/o Gangaram Avthare vs. State of Maharashtra through P.S.O., Sironcha,
P.S.Sironcha, Tah. Sironcha,, Distt. Gadchiroli]
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Office Notes, Office Memoranda Court's or Judge's orders
of Coram, Appearances, Court's orders
or directions and Registrar's orders.
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Mr. H. P. Lingayat, Advocate for the appellant
Mr. S. A. Ashirgade, A.P.P. for the State/respondent
CORAM: ANIL L. PANSARE AND
NIVEDITA P. MEHTA, JJ.
DATE : 11-03-2026.
The appellant is seeking to quash and set
aside order dated 25-7-2025 passed below Exhibit 93
by the learned Special Judge (UAP Act), Aheri in
Sessions Case No. 71/2023 thereby rejecting the
application seeking bail. This order was subject matter
of appeal before this Court being Criminal Appeal No.
428/2025, which was disposed of vide order dated
2-12-2025 in terms of following order.
"One of the issue which is involved is
pendency of trial for want of permanent Additional
Public Prosecutors.
2. Learned Senior Advocate and Public
Prosecutor Shri D. V. Chauhan submits that
corrective measures have been taken. Two
Additional Public Prosecutors have been deputed.
The State Government is in the process of issuing
advertisement for appointment of Additional Public
Prosecutors. The advertisement will be published in
due course.
Order apeal 104.2026.odt
3. Thus, the State Government has taken
cognizance of the issue involved at the Court at
Aheri.
4. So far as present case is concerned, the
appellant-original accused No.1 approached this
Court seeking release on bail for delay in trial.
5. We are informed that in view of special
arrangement made, 17 witnesses have been
examined till date. The trial is being taken up on
day- today basis. It appears that trial will conclude
shortly.
6. In the circumstances, we dispose of the
appeal with liberty to the appellant to revive the
prayer after two months if substantial progress is
not achieved in time.
7. Copy of this order shall be served upon
the trial Court."
As could be seen, the learned Senior Counsel/
Public Prosecutor submitted that corrective measures
have been taken, two Additional Public Prosecutors
have been deputed, the State Government is in the
process of issuing advertisement for appointment of
Additional Public Prosecutors and that the
advertisement will be published in due course.
When enquired as to whether advertisement
is issued, learned Additional Public Prosecutor submits
that he has no instructions. Learned counsel for the
appellant submits that to be best of his knowledge,
advertisement is not yet issued.
Another issue as highlighted by appellant is
that after 17 witnesses, the prosecution has not
examined the single witness till date.
Order apeal 104.2026.odt
In this regard, the order dated 2-12-2025
indicates that we were made to believe that special
arrangement is made by deputing two Additional Public
Prosecutors and accordingly 17 witnesses have been
examined. This arrangement appears to have been not
working now. Thus, it is of extreme importance to
appoint Additional Public Prosecutor, failure to do so
will affect the process of administration of justice and in
a given case, may amount to interference in the
administration of justice, if the trial is not completed
expeditiously.
We accordingly call upon learned Additional
Public Prosecutor to furnish before us the names of
officials, who are responsible for appointment of
Additional Public Prosecutors. He shall also seek
instructions as to why necessary steps for issuing
advertisement were not taken and why should we not
direct/recommend action against the erring officials.
He shall further take instructions why should the
appellant not released for failure of State Government
to make arrangement, which otherwise is its duty.
At this stage, learned counsel for the
appellant submits that material witnesses have been
examined and have not supported the prosecution case
and there are no criminal antecedents against the
appellant. We are, therefore, inclined to release the
appellant pending trial.
Order apeal 104.2026.odt
Learned Additional Public Prosecutor,
however, shall take instructions as regards antecedents
of appellant.
Kept back.
Steno copy of order be supplied to learned
Additional Public Prosecutor.
(JUDGE) (JUDGE)
Later on
Learned Additional Public Prosecutor seeks
time to take instructions on the count that the officials
are busy in legislative session. Time granted.
Stand over to 16-3-2026.
(JUDGE) (JUDGE)
wasnik/sandesh
Signed by: Mr. A. Y. Wasnik
Designation: PS To Honourable Judge
Date: 11/03/2026 17:46:49
