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Bombay High Court
Ram Shankarrao Bembare vs State Of Maharashtra And Anr on 22 August, 2025
2025:BHC-AS:36325
908-BA-2547-2024 with IA-1898-2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 2547 OF 2024
WITH
INTERIM APPLICATION NO. 1898 OF 2025
IN
CRIMINAL BAIL APPLICATION NO. 2547 OF 2024
Ram Shankarrao Bembare ...Applicant
Versus
The State of Maharashtra and Anr. ...Respondents
__________
Ms. Archana Pandharinath Gaikwad a/w Mr. Jay Kholiya & Mr. Harshal
Khavale, learned Advocates for the Applicant.
Mr. Tanveer G. Khan, learned A.P.P. for the State/Respondent.
Ms. Kanchan Pawar (Appointed through Legal-aid Panel), learned
Advocate for Respondent No. 2.
__________
CORAM : ASHWIN D. BHOBE, J.
DATE : 22nd AUGUST 2025.
P.C. :
1. Heard Ms. Archana Gaikwad, learned Advocate for the
Applicant, Mr. Tanveer Khan, learned A.P.P. for the
State/Respondent and Ms. Kanchan Pawar, learned Advocate for
Respondent No. 2.
2. Amongst other sections, the offences charged against the
Applicant in the present crime are under the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, 1989 (“SC/ST Act”
for short), as such the proceedings are recorded in terms of the law
laid down by this Court in the case of Dr. Hema Suresh Ahuja &
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908-BA-2547-2024 with IA-1898-2025.docOthers v/s. The State of Maharashtra and Others1.
3. By the present Application filed under Section 483 of
Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS” for short), the
Applicant is before this Court seeking regular bail in connection
with Crime No. 60 of 2018 registered with Karjat Police Station,
District-Raigad for the offences punishable under Sections 376(2)
(D), (F), (I), 354, 354(B), 354(C) & 377 of the Indian Penal Code,
1860 (“IPC” for short), Sections 4, 5, 6, 8, 13, 14, 19(1) & 21 of
the Protection of Children from Sexual Offences Act, 2012
(“POCSO Act” for short), Sections 66(E), 67(B) & (E) of the
Information Technology Act, 2000 (“IT Act” for short), Sections 75
& 82 of the Juvenile Justice (Care and Protection of Children) Act,
2015 (“Juvenile Justice Act” for short) and Sections 3(1)(r), (S),
(W), 3(2) & (Va) of the SC/ST Act.
4. Ms. Archana Gaikwad, learned Advocate for the Applicant
submits that Crime No. 60 of 2018 is registered as Special Case
(POCSO) No. 288 of 2020 and is pending on the file of Additional
Sessions Judge, Panvel-Raigad.
5. There are 3 accused persons in the present crime. Applicant
is Accused No. 1.
6. Applicant was arrested on 30th March 2018, since then he is
in jail. Criminal Bail Application at Exhibit-142 filed by the
Applicant in Special Case (POCSO) No. 288 of 2020, was rejected
by the learned Extra Joint District & Additional Sessions Judge,
Panvel-Raigad by order dated 26th April 2024.
1
Criminal Appeal No. 911 of 2019 decided on 13th March 2024.
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7. Ms. Archana Gaikwad, learned Advocate for the Applicant at
the outset submits that Applicant is seeking bail on the sole ground
of long incarceration. She submits that till date the prosecution has
examined only 2 witnesses, out of the 65 witnesses, listed by the
prosecution in Crime No. 60 of 2018. She submits that the trial is
proceeding at a very slow pace and that the conclusion of trial will
be delayed. She submits that the Applicant is in jail for a
continuous period of 7 years and 5 months. She relies on the
orders of this Court in the cases of Vikas Chandrakant Patil v/s. The
State of Maharashtra2 and Niklesh Prakash Patil v/s. The State of
Maharashtra3 in support of her contention for grant of bail on the
grounds of long incarceration and denial of Applicant’s right to
speedy trial.
8. Mr. Tanveer Khan, learned A.P.P. for the State/Respondent
does not dispute that till date the prosecution has examined 2
victims. He further does not dispute the Applicant being in jail for
a period of 7 years and 5 months, as submitted by Ms. Archana
Gaikwad, learned Advocate for the Applicant. Mr. Tanveer Khan,
learned A.P.P. for the State/Respondent however expresses
apprehension of the Applicant influencing the prosecution
witnesses and tampering with the evidence, if released on bail.
9. Ms. Kanchan Pawar, learned Advocate for Respondent No. 2
submits that the Applicant has committed a serious crime. She
submits that long incarceration cannot be a ground in serious
matters, more so when the trial in Special Case (POCSO) No. 288
of 2020 has commenced and is proceeding.
2
Bail Application No. 1963 of 2025 decided on 9th May 2025.
3
Bail Application No. 1208 of 2025 decided on 8th May 2025.
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10. I have perused the records with the assistance of learned
Advocates of the parties.
11. This Court (Coram : N. R. Borkar, J.) on 28 th January 2025,
had passed the following order :-
“1. The applicant is in jail for more than six years and
eleven months. Since 09.02.2023, there is no effective
progress in the trial. The learned APP submits that
considering the seriousness of the crime, the applicant may
not be released on bail and reasonable time be granted to the
prosecution to examine rest of the witnesses.
2. List the application on 27.03.2025. By next date, the
prosecution shall endeavour to examine the victims in the
present crime or else, this Court will be constrained to release
the applicant on bail.”
12. Records of Special Case (POCSO) No. 288 of 2020 reveal that
from 28th January 2025 till date prosecution has examined two (2)
out of the twelve (12) victims. Respondent has failed to give
justifiable ground for not examining the victims within the period
referred to in the order dated 28th January 2025.
13. Considering the observations of this Court in the order
dated 28th January 2025, the fact of Applicant being in jail from
30th March 2018, Ms. Archana Gaikwad would be justified in
pressing the bail on the ground of Applicant’s long incarceration
and delay in completion of trial. Applicant cannot continue to be
incarcerated as a under-trial, indefinitely. This Court is therefore
constrained to enlarge the Applicant on bail on the sole ground of
long incarceration and slow progress in the trial.
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14. Apprehensions expressed by Mr. Tanveer Khan can be taken
care by imposing conditions on the Applicant.
15. Ms. Archana Gaikwad, learned Advocate for the Applicant, in
response to the apprehensions expressed by Mr. Tanveer Khan,
submits that the Applicant shall abide by all the conditions that
may be imposed by this Court. She on instructions from the
Applicant makes a statement that till conclusion of trial in Special
Case (POCSO) No. 288 of 2020, the Applicant shall not enter the
jurisdiction of District-Raigad. She has tendered a pursis of today’s
date giving the details of the address the Applicant would reside,
if released on bail, same is taken on record and marked “X” for
identification. Address mentioned in the pursis is at C/o. 501,
Dhanashree Anand 1, Handewadi Chowk, Handewadi, Taluka-
Haveli, District-Pune, 411 028. Statements are accepted.
16. In view of the above, the Bail Application is allowed on the
following conditions :-
a. Applicant is directed to be released on bail in
connection with Crime No. 60 of 2018 registered
with Karjat Police Station, District-Raigad for the
offences punishable under Sections 376(2)(D),
(F), (I), 354, 354(B), 354(C) & 377 of the IPC,
Sections 4, 5, 6, 8, 13, 14, 19(1) & 21 of the
POCSO Act, Sections 66(E), 67(B) & (E) of the IT
Act, Sections 75 & 82 of the Juvenile Justice Act
and Sections 3(1)(r), (S), (W), 3(2) & (Va) of the
SC/ST Act on executing P.R. Bond in the sumGitalaxmi Page 5 of 7
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908-BA-2547-2024 with IA-1898-2025.docof Rs. 25,000/- (Rupees Twenty-five Thousand
Only) with one or two local sureties in the like
amount to the satisfaction of the Additional
Sessions Judge, Panvel-Raigad.
b. Applicant shall not directly or indirectly make any
inducement, threat or promise to any person
acquainted with facts of accusation, so as to
dissuade such a person from disclosing the facts
to the Court or to any police personnel. Applicant
shall not tamper with the prosecution evidence.
c. Applicant shall not contact or attempt to contact
the victim/s or Respondent No. 2 or any person
connected with the victim/s or any of the
management/staff of Vinoba Mukhbadhir
Shala/School, Karjat or any witness in the present
crime.
d. Applicant upon his release from jail, within a
period of three days from his release, shall furnish
his cell phone number with proof to the
Investigating Officer, Karjat Police Station,
District-Raigad and shall keep the same updated,
in case of any change thereto. Till conclusion of
trial Applicant shall reside at the address mention
in the pursis (“X”).
e. Applicant shall co-operate in the conduct of the
trial and shall regularly attend the hearing of
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Special Case (POCSO) No. 288 of 2020, pending
on the file of Additional Sessions Judge,
Panvel-Raigad, on each and every date, unless
exempted from appearance.
f. Applicant shall report/attend before the
Investigating Officer, Kalepadal Police Station,
Pune City on 1st & 4th Saturday of every month
from 10.00 a.m. to 12.00 noon till conclusion of
trial in Special Case (POCSO) No. 288 of 2020.
The Police Inspector of Kalepadal Police Station,
Pune City to communicate details thereof to the
Investigating Officer Karjat Police Station,
District-Raigad.
g. Applicant shall not enter the territorial
jurisdiction of District-Raigad, till conclusion of
the trial of Special Case (POCSO) No. 288 of
2020, except for attending the hearing of the said
case.
17. Criminal Bail Application No. 2547 of 2024 stands disposed
of in the abovesaid terms. All pending Application/s stand
disposed.
[ASHWIN D. BHOBE, J.]
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