H.C.SHIV 907.BA1993.26.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1993 OF 2026 Mahesh Madhukar Pawar …Applicant V/s. The State of Maharashtra …Respondent Mr. Niranjan Mundargi i/b Ms. Keral Mehta for the Applicant. Ms. S. K. Gajare, APP the Respondent-State. Mr. Yadav, PSI, Shreenagar police station, Thane present. CORAM: SHYAM C. CHANDAK, J. DATED : 22nd SEPTEMBER, 2026 P.C. :- 1. Heard learned Counsel for the parties. Perused the record. 2. Present Application seeks release of the Applicant on bail in connection with Cr. No.697 of 2025, registered with Shreenagar police station, Thane for the offence punishable under Sections 103(1), 109(1), 3(5), 115(2), 49, 54, and 55 of the Bharatiya Nyaya Sanhita, 2023 (“BNS”), on the report dated 3rd September 2025, lodged by informant-Shankar Varthe. 3. The case of the prosecution is that prior to the incident, the informant and his family members were cultivating vegetables on land belonging to the Forest Department. Santosh Pawar (A3) had demanded to handover that land to him and, on that count, had assaulted the informant’s wife and his maternal cousin, Babu. Consequently, an offence was registered against A3 at Shreenagar Police Station. Applicant, A3 and Amit Pawar are brothers. On 2nd September 2025, at about 8.30 p.m., the informant with his maternal cousin Babu, and his friends Vasant Tokare and HEMANT CHANDERSEN SHIV Digitally signed by HEMANT CHANDERSEN SHIV Date: 2026.09.24 15:25:04 +0300 H.C.SHIV 907.BA1993.26.DOC Vithal Gaikar were present at the spot. At that time, the informant and Vithal Gaikar proceeded to get cigarettes, when they heard a commotion involving A3 and Vasant Tokare. As alleged, A3 was assaulting Vasant Tokare. The informant and Vithal Gaikar intervened. The applicant was present there standing behind a four- wheeler, while his the younger brother, Amit Pawar was standing near a two-wheeler. It is alleged that, A3 and Mahesh Patil (A4) gave fist blows on the face of Babu, whereupon Babu proceeded to the police station. Subsequently, A3 sat in his car and the applicant occupied the rear seat of car. At that juncture, the informant advised A3 to settle their differences, as they were residing in the same vicinity. However, A3, allegedly in a fit of rage, drove the car at high speed, dashed it against Vithal Gaikar, and ran the vehicle over him repeatedly. When the informant attempted to intervene, A3 allegedly drove the car towards him as well, with an intention to kill him. As a result, Vithal Gaikar succumbed to the injuries. It is alleged that, co-accused A4 had instigated A3 to eliminate the persons associated with the informant’s side. Therefore, aforesaid crime came to be registered. Upon completion of the investigation, charge-sheet was filed. Trial court rejected to release the applicant on bail. Hence, this Application. 5. Mr. Mundargi, learned Counsel for the applicant, submitted that the alleged incident occurred within a very short span of time. Admittedly, the applicant did not take part in the assault. There was no conversation between the applicant and A3 in relation to the incident. Therefore, there is no material to attract the charge of the offence punishable u/S. 103 and 3 (5) of BNS. Therefore, applicant is entitled for bail. 6. In reply, Ms.Gajare, learned APP submitted that, considering the facts of the case, as noted above, there is a prima facie case H.C.SHIV 907.BA1993.26.DOC against the applicant of having shared common intention to commit the murder. Therefore, bail be refused. 7. I have considered the rival submissions and perused the record. From the material on record, it appears that after the initial quarrel, when A3 entered the car, the applicant occupied on the rear seat. Immediately thereafter, A3, in a fit of rage, drove the vehicle and dashed it against Vithal Gaikar and thereafter ran the vehicle over his body. However, there is no material to indicate that the applicant either contributed to the said act or instigated A3 in any manner. In the aforesaid circumstances, at this stage, it is difficult to hold that there is a prima facie case against the applicant of having shared the common intention with A3 to commit the murder. The applicant is not likely to abscond and tamper with the evidence. The applicant has one criminal antecedent under Sections 452 and 324 of the Indian Penal Code, of the year 2009. Therein, he is on bail and he has not misused the liberty so granted. 8. In view thereof, the Applicant is entitled for bail. Hence, following Order :- (i) The Applicant – Mahesh Madhukar Pawar be released on bail in aforesaid FIR registered with Shreenagar police station, Thane on his executing P.R. Bond in the sum of Rs.50,000/- with one or two sureties in the like amount. (ii) The Applicant shall mark his attendance at Shreenagar police station, Thane on 1st day of each calender month between 11:00 a.m. to 2:00 p.m. till conclusion of the trial. (iii) Except for attendance at Shreenagar police station, Thane, the applicant shall not enter the jurisdiction of Thane District for one year from the date of his release from jail. Page 3 of 4 H.C.SHIV 907.BA1993.26.DOC (iv) The applicant shall regularly attend the proceedings before the jurisdictional Court unless exempted by the said Court, for the reasons to be recorded in writing. (v) The applicant shall not tamper with the prosecution evidence and shall not directly or indirectly influence upon the prosecution witnesses to prevent them from deposing against him. (vi) On being released from jail, the applicant shall furnish his contact number and residential address to the Investigating Officer and shall keep him updated, in case there is any change. (vii) The applicant shall not indulge in identical activities for which he has been arraigned in this case. (viii) It is clarified that any observation made in the present order are for the purpose of deciding the present Bail Application and should not influence the outcome of the trial and also not be taken as an expression of opinion on the merits of the case. 9. At this stage, as requested by the learned Counsel Mr.Mundargi, the applicant is granted four weeks time to furnish surety. Till then, the applicant be released on bail on his executing a P.R. Bond in the sum of Rs.50,000/- and depositing a sum of Rs.50,000/- in lieu of furnishing the surety bond. On furnishing such surety/ies, the amount of Rs.50,000/- deposited by the applicant shall be returned. 10. Bail Application stands disposed of in aforesaid terms. (SHYAM C. CHANDAK, J.)