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2026 DAILYLAW 11487 (BOM)

MANGESH BABURAO SAVKAR v. THE STATE OF MAHARASHTRA

BA/3639/2026 · 2026-09-28

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Judgment text

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21 & 68. BA-3639-26 & 784-26.odt Amberkar IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3639 OF 2026 Mangesh Baburao Savkar .. Applicant (Accused No. 1) Versus The State of Maharashtra .. Respondent WITH BAIL APPLICATION NO. 784 OF 2026 Deepak Ashok Bharudkar .. Applicant (Accused No. 3) Versus The State of Maharashtra .. Respondent ....................  Mr. Aniket Vagal a/w Ms. Savvy Kolhekar & Ms. Juhi Kadu, Advocates for Applicant in BA 3639/26  Mr. Akshay Bankapur, Advocate for Applicant in BA 784/26  Ms. Shilpa G. Talhar, APP for State  Mr. Afroj Shekh, PSI, Mumbai Naka P.S. Nashik City ................... CORAM : MILIND N. JADHAV, J. DATE : SEPTEMBER 28, 2026 P. C. : 1. Heard Mr. Vagal, learned Advocate for Applicant in BA 3639/26; Mr. Bankapur, learned Advocate for Applicant in BA 784/26 and Ms. Talhar, learned APP for State. 2. Common order is being passed in both the Bail Applications. 3. Present Applications are filed under Section 439 of Cr.P.C., 1973 / Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking 1 of 4 21 & 68. BA-3639-26 & 784-26.odt Bail in connection with C.R. No. I-198 of 2021 registered with Mumbai Naka Police Station for the offences punishable under Sections 302, 120B, 279, 337, 338 and 304-A of the Indian Penal Code, 1860 (for short "IPC"). and under Section 184 and 134/187 of the Motor Vehicle Act. 4. Applicant - accused No. 1 in Bail Application No. 3639 of 2026 is indicted in the present crime for hatching a conspiracy to eliminate the victim in association with accused No. 2 and other accused persons. The role of Applicant - accused No. 3 in Bail Application No. 784 of 2026 is that of remaining present with accused No. 1. 5. There is admittedly a relationship between accused No. 1 and the deceased victim with regard to purchase of a car. However, the prosecution case is that accused No. 2 was projected as wife of the deceased and after his demise, an amount of Rs. 1.45 Crores was received from the Insurance Company by accused No. 2 which was transferred to accused No. 1. This amount has been recovered by the prosecution in the present crime. 6. Insofar as the act in question is concerned, there is no direct evidence and the evidence is circumstantial on the basis of the aforesaid motive. Both the Applicants are in jail for 3 years and 9 months and only 1 prosecution witness out of the 33 probable 2 of 4 21 & 68. BA-3639-26 & 784-26.odt witnesses have been examined by the prosecution. In that view of the matter and considering that the case of the prosecution is based on circumstantial evidence and the entire amount of the proceeds of crime of Rs. 1.45 crores having been recovered by the prosecution, I am inclined to consider the case of the Applicants for grant of bail on the ground of prolonged incarceration since the likelihood of the trial being completed and concluded in the foreseeable future prima facie appears to be bleak on the basis of record. It is also seen that all co- accused have been granted bail by this Court. Hence, both the Applicants are released on bail on the following terms and conditions:- (i) Both the Applicants are directed to be immediately released on bail from prison in connection with C.R. No. I-198/2021; (ii) Both the Applicants are directed to be released on bail on furnishing P.R. Bond of Rs. 25,000/- each (Rs. Twenty Five Thousand each) with one or two sureties in the like amount; (iii) Applicants shall report to the Investigating Officer at Mumbai Naka Police Station, once every month on the first Sunday of the month between 10:00 a.m. to 12:00 p.m.; (iv) Applicants shall co-operate with the conduct of trial 3 of 4 21 & 68. BA-3639-26 & 784-26.odt and attend the Trial Court on all dates, unless specifically exempted and will not take any unnecessary adjournments, if they do so it will entitle the prosecution to apply for revocation of this order; (v) Applicants shall not leave the State of Maharashtra without prior permission of the Trial Court; (vi) Applicants shall not influence any of the witnesses or tamper with the evidence in any manner; (vii) Applicants shall keep the Investigating Officer informed of their current address and mobile contact number and / or change of residence or mobile details, if any, from time to time, as applicable; and (viii)Any infraction of the conditions shall entail cancellation of bail granted to the Applicants. 7. Needless to state that the above observations will not come in the way of trial as they are prima facie in nature based on the submissions made and the material placed before this Court. 8. Both the Bail Applications are allowed and disposed of in the above terms. Amberkar [ MILIND N. JADHAV, J. ] 4 of 4 RAVINDRA MOHAN AMBERKAR Digitally signed by RAVINDRA MOHAN AMBERKAR Date: 2026.09.28 19:56:22 +0530