49. BA-3662-26.odt Amberkar IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3662 OF 2026 1. Jeevan Mahadev Kave 2. Shivraj Ambarai Gutti .. Applicants Versus The State of Maharashtra .. Respondent ....................  Mr. Rahul K. Dhaigude, Advocate for Applicants  Ms. Rajeshree V. Newton, APP for State ................... CORAM : MILIND N. JADHAV, J. DATE : SEPTEMBER 30, 2026 P. C. : 1. Heard Mr. Dhaigude, Advocate for Applicant and Ms. Newton, learned APP for State. 2. This is an Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking Bail in connection with C.R. No. 444/2025 registered with Warje Malwadi Police Station under Sections 105, 118(1), 115(2) and 3(5) of the Bhartiya Nyaya Sanhita. 3. Applicants before me are arraigned as accused Nos. 1 and 2 in the present crime. Group of friends including the deceased victim were at the petrol pump station for filling the petrol but had parked their motorcycle in the wrong lane which led to a confrontation with the employees of the petrol pump who were also their friends 1 of 4 49. BA-3662-26.odt otherwise and known to them. Both the Applicants before me are in fact employed at the petrol pump and were all friends with the others. 4. The entire incident in question is vividly depicted and captured in the frames of CCTV footage of the petrol pump, copy of which is appended to the present Application at page Nos. 84 to 87. The precise role of each of the accused persons in the unfortunate act has been shown and stated. 5. It is seen that the accused persons and the victim began with a friendly banter which ultimately led to a confrontation with each other with fists blows. Pursuant to the skirmish, when the deceased victim became unconscious, all accused persons became extremely nervous and attempted to revive and resuscitate him fearing for the worst. Some of the co-accused persons immediately gathered courage and made the victim sit on the motorcycle and immediately ferried him to the nearest hospital for treatment. 6. Injury certificate appended to the application by the prosecution shows death of the deceased victim due to hemorrhage and internal bleeding. Prosecution case also stems from the fact that all friends had partied and were in a semi-intoxicated condition. The post-mortem report though states the injuries, the final opinion is still not ascertained because the CA report is pending. 2 of 4 49. BA-3662-26.odt 7. Considering the fact that the squabble between the parties was not premeditated and happened on the spur of the moment due to the co-accused persons insisting on getting the petrol tank filled up by entering through the wrong lane and with no specific intention or mens rea of committing the crime, I am inclined to consider the case of the Applicants on parity for releasing them on bail in view of my order dated 28.09.2026 passed in Bail Application No. 3623 of 2026 for another co-accused person. Hence, both the Applicants are granted bail on the following terms and conditions:- (i) Applicants are directed to be immediately released on bail from prison in connection with C.R. No. 444 of 2025; (ii) Both the Applicants are directed to be released on bail on furnishing P.R. Bond of Rs. 20,000/- each (Rs. Twenty Thousand each) with one or two sureties in the like amount; (iii) Applicants shall report to the Investigating Officer at Warje Malwadi 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 and attend the Trial Court on all dates, unless 3 of 4 49. BA-3662-26.odt 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 influence any of the witnesses or tamper with the evidence in any manner; (vi) 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 (vii) Any infraction of the conditions shall entail cancellation of bail granted to the Applicant. 8. 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. 9. Bail Application is 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: 2026.09.30 14:50:30 +0530