Bombay HC: Businessman Granted Bail After Prosecutor's Lapse in Extension Request

Here's a breakdown of the recent court decision involving Akshay Mahadev Kamble, who was granted bail after a legal tussle with the State of Maharashtra.

Arrest and Charges

Akshay Mahadev Kamble, a 27-year-old businessman from Latur, was arrested on April 24, 2025. He was charged along with two others under various parts of the Bharatiya Nyaya Sanhita, the Indian Arms Act, and the Maharashtra Control of Organised Crime Act (MCOC Act). The charges included serious offenses related to organized crime.

The Legal Battle Begins

On May 29, 2025, the Special Judge in Latur allowed more time for the investigation by 90 days. Kamble challenged this, saying it was against the rules because it wasn't requested by the Public Prosecutor as it should have been.

The Appeal

Kamble's appeal pointed out several main issues:

• Wrong Submission: The request for more time was made by the Investigating Officer, not independently by the Public Prosecutor.
• No Notice: Kamble was not told about the request for more time, which went against his right to a fair hearing.
• Past Court Decisions: Kamble’s lawyer referred to past court decisions to back up their argument, saying the extra time was wrongly given.

Court’s Findings

Judges Sandipkumar C. More and Mehroz K. Pathan looked into the case. They found that:

• The extra time was wrongly given since the Public Prosecutor did not think about it independently.
• Kamble was not given a chance to respond to the request for more time, which was unfair.

Bail Granted

On January 9, 2026, the court canceled the extra time order and granted Kamble bail. The judges noted:

"The learned Prosecutor did not apply his mind at all before filing the application for extension... such order passed behind back of the appellant without giving him any opportunity of hearing is, thus, bad and illegal."

Summary of the Verdict

The court decided that Kamble's right to a fair process was not followed, which led to his release on bail. This case highlights the importance of following the correct legal steps to ensure justice.