Research › Search › Judgment

Bombay High Court · body

2026 DAILYLAW 18873 (BOM)

KESHAV MOTIRAM AASORE v. STATE OF MAHARASHTRA

BA/123/2026 · 2026-10-14

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

44.BA.123.2026.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.123 OF 2026 Keshav Motiram Aasore .. Applicant Versus The State of Maharashtra .. Respondent ....................  Mr. Satyavrat Joshi a/w. Mr. Nawaz Dordi, Advocates i/by Ishan Paradkar for Applicant.  Mr. Amit A. Palkar, APP for Respondent.  PSI – Kunal B. Ingle, Bharti Vidyapeeth Police Station. ................... CORAM : MILIND N. JADHAV, J. DATE : OCTOBER 14, 2026 P.C. : 1. Heard Mr. Joshi, learned Advocate for Applicant and Mr. Palkar, 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.240 of 2025 registered with Bharati Vidyapeeth Police Station for offences punishable under Sections 103(1), 115, 351(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023; Section 37(1), 37(3) and 135 read with of the Maharashtra Police Act, 1951. 3. Applicant is indicted in the present crime as Accused No.2. The principal protagonist is the Accused No.1 who had a feud with the deceased-victim in view of certain relationship issues with some third person. 1 of 4 44.BA.123.2026.doc 4. In so far as the Applicant before me is concerned when the FIR was lodged, he has not been named therein. Though the eye witness account states that there were two assailants, the role identified qua the second assailant is with fist and blows being inflicted on the victim. The test identification parade is held after six months that too after filing of the charge-sheet by the prosecution in order to indict the presence of the applicant at the scene of crime as the second accused person. The First Information Report and other statements recorded prima facie show that the Applicant was the driver of the car which was hired by the Accused No.1 for visiting the victim for reasoning out with him in view of the issues between them. The trial is commenced and evidence is part-heard but the trial has now been stalled. The Applicant is in incarceration for the past 1 year and 6 months. The ignominy of the trial not been concluded early and also the role attributable to the Applicant - Accused no.2 persuades me to consider the case of Applicant for grant of bail. 5. Considering the aforesaid, Applicant is released on bail subject to following conditions:- (i) Applicant - Keshav Motiram Aasore is directed to be immediately released from prison in connection with Crime No. 240 of 2025; (ii) Applicant is directed to be released on bail on 2 of 4 44.BA.123.2026.doc 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 Bharati Vidyapeeth Police Station, once every 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. 3 of 4 44.BA.123.2026.doc 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 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 20:10:39 +0530