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2026 DAILYLAW 3055 (BOM)

KIRAN VILAS BURHADE v. STATE OF MAHARASHTRA

ABA/1351/2026 · 2026-07-02

Shri Shivkumar Dige

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Judgment text

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7-ABA-985-2026 (CR).doc Rohit Ghuge IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 985 OF 2026 WITH ANTICIPATORY BAIL APPLICATION NO. 1359 OF 2026 WITH ANTICIPATORY BAIL APPLICATION NO. 1351 OF 2026 WITH ANTICIPATORY BAIL APPLICATION NO. 1352 OF 2026 WITH ANTICIPATORY BAIL APPLICATION NO. 1358 OF 2026 Kiran Vilas Burhade VERSUS State Of Maharashtra _________________________________________________________________ Mr. Amar Kale a/w Ms. Ekta Patil i/b Mr. Prashant Hagare, Advocates for Applicant. Mr. S. S. Pednekar, APP for Respondent-State in ABA No. 985/2026. Ms. G. P. Mulekar, APP for Respondent-State in ABA No. 1359/2026, ABA No. 1351/2026, ABA No. 1352/2026 and ABA No. 1358/2026. _________________________________________________________________ CORAM : SHIVKUMAR DIGE, J. DATE : 02nd JULY, 2026. P.C. : 1. The allegations against the applicant in all five applications are the same hence, I am deciding it by this common order. 2. The applicant is apprehending arrest in Crime No. 992 of 2025 7-ABA-985-2026 (CR).doc Rohit Ghuge in ABA No. 985/2026, Crime No. 976 of 2025 in ABA No. 1359/2026, Crime No. 147 of 2026 in ABA No. 1351/2026, Crime No. 1061 of 2025 in ABA No. 1358/2026 registered with Yavat Police Station, Dist. Pune for the offences punishable under Sections 305 and 331(4) of Bharatiya Nyaya Sanhita, 2023 (for short “BNS”), and in Crime No. 401 of 2025 in ABA No. 1352/2025 registered with Yavat Police Station, Dist. Pune for the offences punishable under Sections 305, 331(3) and 331(4) of BNS. 3. It is contention of learned counsel for the applicant that the applicant was earlier arrested in CR No. 22 of 2026 registered with Yavat Police Station in connection with a similar nature offence and remained in police custody for five days. However, no offence was registered against him at that time. After the applicant was released on bail, his name came to be added as accused in present five FIRs. The main allegations are against other co-accused. Considering allegations, his custodial interrogation is not required, and requested to allow the applications. 4. It is contention of learned APP that after the applicant was released on bail, the statement of the co-accused was recorded and panchnamas were prepared. During the course of investigation, it revealed that the co-accused had sold the stolen gold ornaments to the applicant. It shows his involvement in the crime. Considering allegations, his custodial interrogation is required as ten cases of similar nature are registered 7-ABA-985-2026 (CR).doc Rohit Ghuge against him, and requested to reject the application. 5. I have heard both learned counsel. Perused FIR and documents produced on record. 6. The applicant was in police custody for five days in CR No. 22 of 2026 registered with Yavat Police Station, Dist. Pune for the offence of the similar nature. In the said offence, nothing was recovered at the instance of the applicant. To prove his role, trial is required. Considering these facts, the custodial interrogation of the applicant is not required and I pass following order. O R D E R (i) In the event of arrest, the applicant be enlarged on bail in Crime No. 992 of 2025, Crime No. 976 of 2025, Crime No. 147 of 2026, Crime No. 1061 of 2025 and Crime No. 401 of 2025 registered with Yavat Police Station, Dist. Pune on executing P.R.Bond in the sum of Rs.30,000/- in each crime with one or two sureties in the like amount. (ii) The applicant shall attend the concerned police station as and when required. All five applications are allowed in the aforesaid terms and are accordingly disposed off. 7. It is made clear that the above observations are made only for 7-ABA-985-2026 (CR).doc Rohit Ghuge the purpose of granting bail and the Trial Court shall decide the case on its own merits in accordance with law and uninfluenced by the observations made in this order. 8. All concerned to act on the authenticated copy of this order. (SHIVKUMAR DIGE, J.)