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2026 DAILYLAW 18587 (BOM)

SHIVAM GANESH MUNIYAR v. STATE OF MAHARASHTRA

BA/555/2026 · 2026-10-14

body2026

Judgment text

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45.BA.555.2026.doc HARSHADA H. SAWANT (P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.555 OF 2026 Shivam Ganesh Muniyar .. Applicant Versus The State of Maharashtra .. Respondent ....................  Mr. Satyam Harshad Nimbalkar a/w. Mr. Harshwardhan Milind Pawar, Advocates for Applicant.  Ms. Anuja S. Gotad, APP for Respondent.  API – Padmakar Patil, Faraskhana Police Station, Pune. ................... CORAM : MILIND N. JADHAV, J. DATE : OCTOBER 14, 2026 P.C. : 1. Heard Mr. Nimbalkar, learned Advocate for Applicant and Ms. Gotad, learned APP for Respondent. 2. This is an Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking Bail in connection with C.R. No.124 of 2024 registered with Faraskhana Police Station, Pune for offences punishable under Sections 302, 307, 452, 504 and 34 of the Indian Penal Code, 1860. 3. Applicant is indicted in the crime for committing murder alongwith principal Accused No.1. Though in so far as the role of the Accused No.1 is concerned there is direct evidence qua the Applicant before me, and identification of Applicant is on the basis of the second person who was accompanying the Accused No.1. No test identification 1 of 4 45.BA.555.2026.doc parade has been held by the prosecution in order to ascertain and verify the presence of the Applicant. There is a motive with regard to the commission of crime which is attributable to the Accused No.1 and the deceased victim due to their relationship. 4. The First Information Report is also lodged only against the Accused No.1 and one unknown person who was seen to be accompanying him. In the absence of establishing the identity of the Applicant not been proven at the threshold and no motive having been escribed to the Applicant and I am inclined to consider the case of Applicant who has been incarcerated for the past 2 years and 4 months in prison pending trial for grant of bail. 5. Considering the aforesaid prima facie observations, Applicant has made out case for grant of bail subject to following conditions:- (i) Applicant - Shivam Ganesh Muniyar is directed to be immediately released from prison in connection with Crime No. 124 of 2024; (ii) Applicant is directed to be released on bail on furnishing P.R. Bond of Rs. 15,000/- (Rs. Fifteen Thousand only) with one or two surety / sureties of the like amount; (iii) Applicant shall report to the Investigating Officer at Faraskhana Police Station, Pune once every 2 of 4 45.BA.555.2026.doc month on the first Monday of the month between 10:00 a.m. to 12:00 p.m.; (iv) Applicant shall co-operate with the conduct of trial and attend the Trial Court on all dates, unless specifically exempted and will not take any unnecessary adjournments, if he does so it will entitle the prosecution to apply for revocation of this order; (v) Applicant shall not leave the State of Maharashtra without prior permission of the Trial Court; (vi) Applicant shall not influence any of the witnesses or tamper with the evidence in any manner; (vii) Applicant shall keep the Investigating Officer informed of his 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 Applicant. 6. It is clarified that the observations made in this order are limited for the purpose of granting Bail only and I have not made any 3 of 4 45.BA.555.2026.doc observations on merits of the case. The trial shall be adjudicated on the strength of the evidence led and strictly on its own merits being uninfluenced with any of the prima facie observations made hereinabove in this order. 7. Bail Application is allowed and disposed of in the above terms. H. H. SAWANT [ MILIND N. JADHAV, J. ] 4 of 4 RAVINDRA MOHAN AMBERKAR Digitally signed by RAVINDRA MOHAN AMBERKAR Date: 2026.10.14 20:12:50 +0530