We take notice of the fact that the petitioner is in judicial custody since 1-11-2022. Although the charge came to be framed by the Trial Court in the year 2024, yet till this date not a single witness has been examined. {Para 4}
5. In such circumstances, referred to above, we are left with no other option but to say that the right of the accused to have a speedy trial as enshrined under Article 21 of the Constitution could be said to have been infringed.
6. We are mindful of the fact that the petitioner is charged with the offence of murder but time and again, we have said that howsoever serious the crime may be, if the right of speedy trial is infringed, then Court must consider the plea for bail appropriately.
7. Here is a case wherein past almost 4 years, the petitioner is in jail but not a single witness has been examined.
8. We order that the petitioner be released on bail forthwith, if not required in any other case, subject to terms and conditions that the trial court may deem fit to impose.
IN THE SUPREME COURT OF INDIA
Petition For Special Leave to Appeal Crl. No. 7502/2026
Date of Order: 04.05.2026
Sahil Manoj Machare Vs. The State Of Maharashtra
Hon'ble Judges/Coram:
J.B. Pardiwala and Vijay Bishnoi, JJ.
1. Exemption Applications are allowed.
2. The petitioner has been denied regular bail by the High Court of Judicature at Bombay in connection with Crime No.322/2022 registered with Shahapur Police Station, District Kolhapur on 1-11- 2022 for the offence punishable under Sections 302 read with Section 34 of the Indian Penal Code, 1860 (for short, "IPC") respectively.
3. We heard Mr. Risvi Muhammed, the learned counsel appearing for the petitioner and Mr. Bharat Bagla, the learned counsel appearing for the State of Maharashtra.
4. We take notice of the fact that the petitioner is in judicial custody since 1-11-2022. Although the charge came to be framed by the Trial Court in the year 2024, yet till this date not a single witness has been examined.
5. In such circumstances, referred to above, we are left with no other option but to say that the right of the accused to have a speedy trial as enshrined under Article 21 of the Constitution could be said to have been infringed.
6. We are mindful of the fact that the petitioner is charged with the offence of murder but time and again, we have said that howsoever serious the crime may be, if the right of speedy trial is infringed, then Court must consider the plea for bail appropriately.
7. Here is a case wherein past almost 4 years, the petitioner is in jail but not a single witness has been examined.
8. We order that the petitioner be released on bail forthwith, if not required in any other case, subject to terms and conditions that the trial court may deem fit to impose.
9. With the aforesaid, this petition stands disposed of.
10. Pending applications, if any, also stand disposed of.
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