1 44-Cr.BA-1002-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION [B.A.] NO. 1002 OF 2026 Mohammad Kalim Mohammad Salim Ansari -- VERSUS -- The State of Maharashtra __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. Mr. H.H. Padalkar, Advocate (Through V.C.) for the Applicant. Mr. H.R. Dhumale, A.P.P. for the Non-applicant/State. CORAM : M.M. NERLIKAR, J. DATE : AUGUST 20, 2026. Heard. 2. The present application is filed seeking regular bail in Crime No.145/2026 for the offences punishable under Sections 105 and 285 of the Bharatiya Nyaya Sanhita, 2023, read with Sections 122, 177 and 22(2) of the Motor Vehicle Act, 1988, registered with Police Station Dattapur, District Amravati. 3. As per the First Information Report, the informant stated that on 28/06/2026, his brother-in- law Bhaskar Mahadev Jiwane was travelling towards Akola with his wife, daughter and parents in Maruti Suzuki Ignis bearing registration No.MH-34-BF-1346. The informant was subsequently informed that the Piyush Mahajan 2026:BHC-NAG:10863 2 44-Cr.BA-1002-2026 said vehicle had met with an accident on the Samruddhi Expressway between Chainage Nos. 104 and 105, within the jurisdiction of Police Station Dhamangaon Railway. On reaching the spot, he found that a Tata container bearing registration No. NL-01-AK-7123 was stationary on the lane in a “No Parking” area and that the Ignis had collided with its rear portion. Bhaskar Mahadev Jiwane, his wife Aarti, their minor daughter, and his parents Mahadev and Latabai Jiwane succumbed to the injuries sustained in the accident. The informant alleged that the accident occurred due to the container driver, Mohammed Kalim Mohammed Salim, having parked the container at the prohibited place without placing adequate warning or directional signs, and attributed the resultant deaths to his act. 4. The learned counsel for the applicant submits that there was no intention on the part of the applicant to cause death of the victims. The applicant was driving a heavy truck on Samruddhi Mahamarg, however, he had parked his vehicle on the side of the road to check the tyre pressure of the vehicle. However, from the back side, one car came and dashed against the stationary truck from the back side, and therefore, the accident occurred, wherein five persons lost their lives. Though the applicant had Piyush Mahajan 3 44-Cr.BA-1002-2026 parked the vehicle in the no-parking zone, the fact remains that it was an accident without there being any knowledge or intention. Under such circumstances, he submits that the applicant be released on bail. 5. On the other hand, the learned A.P.P. vehemently opposes the application and submits that the applicant was having knowledge that if the truck would be parked in the no-parking zone, it could cause an accident. He further submits that on Samruddhi Mahamarg, there is every possibility that if the guidelines and rules are not followed, an accident is going to happen, and therefore, the applicant ought to have taken due care while parking the said vehicle. By not following the rules, he is responsible for the said accident, wherein five persons have lost their lives. He further submits that the applicant has halted his vehicle for about 25 minutes in the no-parking zone. Under such circumstances, he submits that the investigation is still under progress and the applicant does not deserve to be granted bail. 6. I have considered the rival submissions. Prima facie, it appears that the applicant has parked his vehicle in the no-parking zone. There are certain areas which are provided on the Samruddhi Piyush Mahajan 4 44-Cr.BA-1002-2026 Mahamarg to halt/park the vehicle. However, the fact remains that the applicant has not abided by the said guidelines or rules while driving the vehicle on the Samruddhi Mahamarg. Further, it appears from the photographs that the applicant had parked the truck on the extreme left side of the said road, however, the car has given a dash against the back side of the truck. It is further to be noted that though the applicant had parked the vehicle in the no-parking zone, he should have taken due care and caution while parking his vehicle. No doubt, five persons have lost their lives. However, prima facie, I find that the act of the applicant is without intention, however, so far as knowledge is concerned, it would be tested at the time of trial. Be that as it may, I am of the considered opinion that, considering the nature of the allegations, the applicant can be granted bail by imposing stringent conditions. Hence, the following order: O R D E R (i) The Criminal Application is allowed; (ii) The applicant / accused (Mohammad Kalim Mohammad Salim Ansari) be released on regular bail in connection with Crime No.145/2026 for the offences punishable Piyush Mahajan 5 44-Cr.BA-1002-2026 under Sections 105 and 285 of the Bharatiya Nyaya Sanhita, 2023, read with Sections 122, 177 and 22(2) of the Motor Vehicle Act, 1988, registered with Police Station Dattapur, District Amravati, registered with Police Station Mahagaon, District Yavatmal, on his furnishing a P.R. bond of Rs.50,000/- (Rupees Fifty Thousand) with two solvent sureties, one from Tq. Belaha Bahari, District Sidhi, Madhya Pradesh and another from Amravati District, in the like amount; (iii) The accused shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, as also shall not tamper with the evidence; (iv) The accused shall provide his residential address and cell number to the Police Station concerned and shall not change his place of residence without prior intimation to the Investigating Agency; (v) Once the trial commences, the accused shall attend each and every date of trial regularly. If he fails to attend the trial subject to genuine reason to the satisfaction of trial court, or fails to comply with the aforesaid conditions, Piyush Mahajan 6 44-Cr.BA-1002-2026 his default would entail the State to ask for cancellation of bail; (vi) The observations of this Court are prima facie in nature. The Trial Court shall not be influenced by the same. (vii) Pending Misc. Application(s), if any, also stand disposed of [ M.M. NERLIKAR, J ] Piyush Mahajan Signed by: Piyush Ramesh Mahajan Designation: PA To Honourable Judge Date: 20/08/2026 19:08:38