45.BA.2237.2026.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.2237 OF 2026 Harshal Devidas Jadhav alias Lahanya .. Applicant Versus The State of Maharashtra .. Respondent ....................  Ms. Sana Raees Khan a/w. Mr. Jinay Jain, Advocates for Applicant.  Mr. Amit A. Palkar, APP for Respondent. ................... CORAM : MILIND N. JADHAV, J. DATE : AUGUST 18, 2026 P.C. : 1. Heard Ms. Khan, 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.57 of 2025 registered with Killa Police Station, Nashik for offences punishable under Sections 310(2), 324(4), 352, 3(5) of the Bharatiya Nyaya Sanhita, 2023 read with Section 3(1)(ii), 3(2) and 3(4) of the Maharashtra Control of Organised Crime Act, 1999 (for short ‘MCOC Act’). 3. The case of prosecution in the present case is solely based on suspicion qua Accused persons. 4. There are 6 Accused persons out of whom Accused No.4 namely Kunal Raghunath Patil has been enlarged on bail by this Court 1 of 4 45.BA.2237.2026.doc vide order dated 10.04.2026. The only case of prosecution to indict Applicant as also other Accused persons is on the basis of Test Identification Parade conducted 36 days after the date of incident which is prima facie violation of Test Identification Parade Guidelines and therefore stands vitiated. 5. Mr. Palkar in his usual fair mindedness informs the Court that there are 14 antecedents against the Applicant and therefore the Applicant being gang-leader of an Organised Crime Syndicate, provisions of MCOC Act have been invoked against Applicant in the present case. 6. Case of prosecution is that the Complainant and his brother while driving at about 09:30 p.m. on the Mumbai-Agra Highway on Dhule by-pass road were accosted by 3 to 4 persons on motorcycles who intercepted their car and had a quarrel with them with regard to their interception. They thereafter snatched 2 cloth bags which the Informants were carrying which was containing cash and certain registration cards by threatening them with a knife like object and thereafter fled on their motorcycles. 7. Crime has been registered by the Informants against 6 unknown persons and it is stated in the First Information Report that they were looted for approximately Rs.25 Lakhs. Investigation has been carried out. 2 of 4 45.BA.2237.2026.doc 8. Prima facie, save and except the Test Identification parade, which is conducted 36 days after the incident, there is no other nexus whatsoever which has been shown by the prosecution. In the Test Identification Parade incidentally Accused Nos.1 and 4 were identified. 9. Though it is true that Accused persons have criminal antecedents there is prima facie no material evidence which is brought before the Court of their nexus of being involved in the present crime save and except the above which cannot be countenanced at this stage in the present case for the purpose of granting Bail. 10. Accused No.1 therefore draws parity with Accused No.4 who is already enlarged on bail and is therefore released on bail subject to following conditions:- (i) Applicant is directed to be immediately released from prison in connection with Crime No. 57 of 2025; (ii) Applicant is directed to be released on bail on furnishing P.R. Bond of Rs. 50,000/- (Rs. Fifty Thousand only) with one surety of the like amount; (iii) Applicant shall report to the Investigating Officer at the concerned 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 3 of 4 45.BA.2237.2026.doc 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 with 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. 11. 11. Bail Application is allowed and disposed of in the above terms. H. H. SAWANT [ MILIND N. JADHAV, J. ] 4 of 4 HARSHADA HANUMANT SAWANT Digitally signed by HARSHADA HANUMANT SAWANT Date: 2026.08.19 10:12:53 +0530