1. Professional misconduct and alleged embezzlement of funds by a society chairman leading to criminal proceedings under the Bhartiya Nagarik Suraksha Sanhita. (Para 2 )
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2026 Supreme(Online)(MP) 123448
IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
Gajendra Singh, J
Ashish – Appellant
Versus
State of Madhya Pradesh – Respondent
MISC. CRIMINAL CASE No. 38850 of 2026
Important Points
Regular bail may be granted to an accused with no criminal antecedents when there is prolonged incarceration and the trial is progressing slowly, ensuring the right to a speedy trial.
Subject
Criminal - Bail
Act Referred
Bhartiya Nagarik Suraksha Sanhita, 2023: S.483, S.480(3)
BNS, 2023: S.318(4), S.3(5), S.316(5)
BNS, 2023: S.318(4), S.3(5), S.316(5)
Headnote
(Bail - Regular Bail - Prolonged Custody and Slow Trial - Grant of bail is justified when the applicant has been in custody for a significant period (over 20 months) and the trial is progressing slowly, with only a small number of witnesses examined out of the total, provided there are no criminal antecedents. (Para 3, 4)
Issues: Whether the applicant is entitled to regular bail given the duration of custody and the slow pace of the trial.
Issues: Whether the applicant is entitled to regular bail given the duration of custody and the slow pace of the trial.
Legal Category Hierarchy
Advocates:
For the Appellants/Petitioners: Satanand Choubay
For the Respondents: Romil Verma
For the Appellants/Petitioners: Satanand Choubay
For the Respondents: Romil Verma
Table of Contents
2. Accused seeks bail citing prolonged pretrial detention, the slow progress of trial, and the fact that only a fraction of prosecution witnesses have been examined. (Para 3 )
3. The court found that the substantial duration of pretrial custody, the lack of prior criminal antecedents, and the slow pace of trial warrant the grant of bail. (Para 4 )
4. Pretrial detention period, number of witnesses examined, and lack of criminal history are significant factors judicial discretion considers for granting regular bail in long-pending trials. (Para 4 )
5. The court granted the application for regular bail subject to furnishing a personal bond with solvent surety and compliance with mandatory statutory conditions. (Para 5 , 6 )
6. What factors justify the grant of bail in a case involving prolonged trial proceedings?
The court considers the period of incarceration, the number of witnesses examined compared to the total list, the lack of prior criminal antecedents, and the speed of the trial to determine whether to exercise discretion and grant bail. (Para 3 , 4 )
7. Are terms and conditions for bail subject to statutory compliance?
Yes, an order for bail requires the applicant to furnish a personal bond with solvent surety and mandatorily abide by all conditions enumerated under Section 480 (3) of the BNSS, 2023. (Para 5 )
ORDER
I.A nos. 13228/2026 and 13418/2026 are allowed and the documents are taken on record.
This is second bail application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of bail to applicant- Ashish on regular bail in connection with crime No.26/2025 registered at Police Station- Y.D. Nagar, District- Mandsaur (MP) for offence punishable under sections 318(4), 3(5), 316(5) of the BNS, 2023 and facing trial vide RCT no. 330/2025 before the JMFC, Mandsaur, in which 10 witnesses have been examined upto 26th March, 2026.
2. Allegations against the applicant are that he along with his brother Ankit Hada committed embezzlement of amount of the members of Pashupatinath Credit Sahakari Santha Maryadit, Mandsaur, being as a Chairman of the Society by receiving the amount of the members in his personal account.
3. Present application has been preferred on the ground that the offence is triable by the Magistrate and the trial is being conducted at small speed. Despite the period of custody for more than 20 months, the trial could not be concluded and out of 71 witnesses, only 10 witnesses have been examined.
4. Considering the numbers of witnesses and the period of custody and the fact that the applicant has no criminal antecedent, without expressing any opinion on the merits of the case, this Court is inclined to allow the application.
5. Accordingly, without commenting on the merits of the case, the application is allowed. It is directed that applicant be released on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the concerned court / JMFC for his regular appearance before the trial Court during trial with a condition that he shall remain present before the concerned Court on all the dates fixed by it during trial. He shall abide by all the conditions enumerated under Section 480 (3) of BNSS, 2023.
6. This order shall be effective till the end of the trial. However, in case of bail jump and breach of any of the conditions of bail, it shall become ineffective.
