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2026 DAILYLAW 12205 (BOM)

RAHUL SUDHIR PASVAL v. THE STATE OF MAHARASHTRA

ABA/1928/2026 · 2026-09-29

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Judgment text

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918-ABA-1928-2026.doc vaishnavi IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1928 OF 2026 Rahul Sudhir Pasval ...Applicant V/s. State of Maharashtra ...Respondent Mr. Akshay Ade a/w Mr. Sujit Padvi a/w Ms. Pallavi Valvi i/b Mr. Sushant J. Tayade and Associates, for the Applicant. Ms.Geeta P. Mulekar, APP for the Respondent – State. Mr. Suryavanshi, API, CBD, Belapur Police Station is present. CORAM : PRAFULLA S. KHUBALKAR , J. DATE : 29 th SEPTEMBER , 2026. P.C. :- 1. Heard the learned counsel for applicant as well as learned APP for respondent - State. 2. The applicant is apprehending arrest in Crime No. 275 of 2026 registered with Navghar Police Station for the offence punishable under Sections 115(2), 118(2) 352 and 351(2) of Bharatiya Nyaya Sanhita, 2023 (BNS). 3. The FIR came to be registered on the basis of report lodged by the complainant, alleging that on 25.05.2026 at about 07:00 p.m., there was a quarrel in between the complainant and applicant on 1/3 918-ABA-1928-2026.doc account of suffering loss in the share market. It is alleged that the applicant had earlier given an amount of Rs. 3000/- to the complainant and the quarrel was for failure to fetch desired returns. It is alleged that at that time, there was a scuffle and the co-accused assaulted the complainant on stomach by a blade. On the basis of these allegations, the FIR came to be registered against this applicant. 4. The learned counsel for applicant submits that although offence is registered against this applicant, there is no allegation about any assault by this applicant. He further submits that the allegations of assault by the use of some blade like weapon are against some other person and this applicant is named in the FIR only because he was present at the relevant time. He also submits that the charge-sheet is filed against the co-accused and there are no criminal antecedents against this applicant. 5. He also submits that considering the allegations in FIR, this court had granted an interim protection in his favour by order dated 22nd July 2026 and in accordance with the said protection, the applicant has attended the Police Station and joined the investigation. He, therefore, prays for confirmation of the interim protection. 6. As against this, learned APP for respondent had opposed the application and submitted that there are allegations in FIR about attack on the complainant by a knife-like weapon and therefore, the offence is serious in nature. However, there is no dispute that the 2/3 918-ABA-1928-2026.doc allegation of attack by knife are against some unknown person who had accompanied the applicant. It is also not disputed that the applicant has attended the Police Station in accordance with an interim protection order and further that charge-sheet is filed against other accused persons. 7. Perused the FIR and the documents placed on record. It has to be seen that the main allegation of assault by some blade like weapon are against the other person. There is nothing to show that this applicant has assaulted the complainant by any dangerous weapon. Further, it has to be seen that charge sheet is already filed and this applicant has extended cooperation during investigation in accordance with interim protection. 8. Considering the overall circumstances and the fact that there are no criminal antecedents against this applicant, the interim protection granted by this court by order dated 22nd July 2026 is hereby confirmed on the same terms and conditions. 9. Accordingly, the instant Anticipatory Bail Application is allowed and disposed of. (PRAFULLA S. KHUBALKAR, J.) 3/3