(9) BA-765.26.DOCX lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.765 OF 2026 Suraj Hanmant Suryawanshi & anr, : Applicants. Versus. The State of Maharashtra & anr : Respondents. ----- Mr. Sampatrao H Lpawar with Advocates Shrikant M Kulkarni, Kaustubh R Dhongade and Pankaj Dhanawade for the Applicants. Mr. S. H. Yadav, APP for the Respondents/State. ------- CORAM : ASHWIN D. BHOBE, J. DATED : 17 AUGUST 2026 PC:- 1. Heard Mr. Sampatrao Pawar, learned Advocate for the Applicants and Mr. S. H. Yadav, learned APP for the Respondents – State. 2. By the present Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Applicants seek Regular Bail in Crime No. 18 of 2026 registered at Kadegaon Police Station for offences punishable under Sections 103(1), 152(2) and 352 r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023 (“BNS, 2023”). 3. Mr. Sampatrao Pawar, learned Advocate for the Applicants, states that there are three (3) accused in Crime No.18 of 2026, 1 LAXMIKANT GOPAL CHANDAN Digitally signed by LAXMIKANT GOPAL CHANDAN Date: 2026.08.18 10:03:30 +0530 (9) BA-765.26.DOCX with the Applicants being Accused Nos. 2 and 3. He further states that Crime No.18 of 2026 has been registered as Sessions Case No.24 of 2026 and is pending before the Additional Sessions Judge, Vita (“Trial Court”). 4. The prosecution case is that on 29 January 2026, the Informant, his wife, son and sister went to Gat No.156 to collect sugarcane fodder. At that time, Hanmant Bhimrao Suryawanshi (Accused No.1) and Suraj (Accused No.2) also arrived and began collecting sugarcane fodder, which led to a fight. The Applicants, along with Hanmant Bhimrao Suryawanshi, assaulted Vinayak Dhane (“deceased”) with kicks and fist blows. 5. Applicants were arrested on 30 January 2026. Bail Application at Exhibit – 6 in Sessions Case No.24 of 2026 filed by the Applicants was rejected by the Trial Court on 20 July 2026. 6. Mr. Sampatrao Pawar, learned Advocate for the Applicants, submits that the incident on 29 January 2026 was neither pre- planned nor did the Applicants intend to kill Vinayak (deceased). He further submits that the incident occurred at the spur of the moment due to a dispute over the collection of sugarcane fodder. He also submits that the Applicants are young boys, aged about 29 and 27, respectively. 7. Mr. S. H. Yadav, learned APP for the Respondents – State, submits that the Applicants, along with Hanmant Suryawanshi, assaulted the deceased with kicks and fist blows. However, the injuries sustained on account of the said assault resulted in the death of Vinayak. He further submits that the post-mortem report 2 (9) BA-765.26.DOCX indicates the nature of the injuries caused to the deceased on account of the assault. 8. Perused the records. 9. Records reveal that the incident of 29 January 2026 occurred at the spur of the moment, arising out of a verbal altercation that escalated into a quarrel and subsequently into a fight. Prima facie, the material on record does not indicate that the incident was premeditated. No weapons are alleged to have been used in the assault. In such circumstances, Mr. Sampatrao Pawar, learned Advocate for the Applicants, would be justified in submitting that the incident of 29 January 2026 occurred at the spur of the moment over the collection of sugarcane fodder. 10. Applicants, young boys, have been in jail since 30 January 2026. The prosecution has enlisted 27 witnesses. Thus, it would take some time to complete the trial. 11. In view of the above, the continuation of the Applicants’ incarceration pending the trial of Sessions Case No. 24 of 2026 is not required. 12. This Bail Application is allowed on the following conditions :- (a) Applicants are directed to be released on bail in connection with C.R. No. 18 of 2026 registered at Kadegaon police Station, District Sangli, upon each of the Applicants furnishing a P.R. Bond in the sum of Rs. 50,000/-(Rupees Fifty Thousand only) with one or two 3 (9) BA-765.26.DOCX sureties, in the like amount, to the satisfaction of the Trial Court. (b) Applicants shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case to dissuade that person from disclosing the facts to the Court or any police officer and shall not tamper with evidence. (c) Applicants shall, within three (3) days of their release from jail, provide to the Investigating Officer, Kadegaon Police Station, their residential address with proof, the contact numbers and must inform the Investigating Officer about the change in the same from time to time. (d) Applicants shall appear and report to the Investigating Officer, Kadegaon Police Station, on 2nd and 4th Monday of each month from 11.00 am to 12.00 pm, till the framing of charge in Case No.24 of 2026. (f) Applicant shall regularly appear before the Trial Court in Sessions Case No.24 of 2026 as and when the matter is fixed, unless specifically exempted. (g) If the Applicants absent himself from appearing before the Trial Court on the date fixed in Sessions Case No.24 of 2026, the same would be considered as a breach of condition and the Trial Court would be at liberty to pass appropriate orders. 4 (9) BA-765.26.DOCX 13. Observations made in this order are prima facie limited to consideration of the Bail and shall not be treated as findings on the merits. 14. Criminal Bail Application No.765 of 2026 is disposed of. (ASHWIN D. BHOBE, J.) 5