1 36-Cr.BA-1095-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION [B.A.] NO. 1095 OF 2026 Pawan S/o Manohar Lonbale -- VERSUS -- 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. R.M. Daga, Advocate for the Applicant. Mr. A.B. Badar, A.P.P. for the Non-applicant/State. CORAM : M.M. NERLIKAR, J. DATE : SEPTEMBER 08, 2026. Heard. 2. The present application is filed seeking regular bail in Crime No.351/2026 for the offence punishable under Section 103(1) of the Bharatiya Nyaya Sanhita, 2023, registered with Police Station Umred, District Nagpur. 3. As per the First Information Report (FIR), the informant and the deceased Kailas @ Sonu Venkatrav Sonawane were brothers. It is alleged that on 07/03/2026, at about 3:00 p.m., a dispute arose between the deceased and the accused Pawan Manohar Lonbale regarding construction work being carried out near their house. During the altercation, the accused allegedly took out a knife and inflicted a Piyush Mahajan 2026:BHC-NAG:11970 2 36-Cr.BA-1095-2026 blow on the left side of the chest of the deceased. The deceased sustained injuries, was taken to the Government Hospital, Umred, and succumbed to the injuries during treatment. On the basis of the report lodged by the informant, F.I.R. came to be registered. 4. The learned counsel for the applicant submits that the allegations against the applicant are that, on the day of the incident, the deceased was carrying out construction work, which was objected by the applicant. Again at 3:00 p.m., deceased started construction activities to which the applicant requested the deceased to wait till Monday so that the persons from the Nagar Parishad could come and inspect the spot, and if given permission, the construction work could be carried out. However, the deceased refused to wait and assaulted the applicant with a wooden stick. Therefore, being annoyed, the applicant went inside the house and brought a kitchen knife and inflicted 2 blows on the chest of the deceased in the heat of anger, and therefore, he submits that, considering the facts and circumstances of the present case, the applicant deserves to be granted bail. 5. On the other hand, the learned A.P.P. vehemently opposes the application and submits that there are eye-witnesses to the incident. He further Piyush Mahajan 3 36-Cr.BA-1095-2026 submits that with an intention to kill the deceased, the applicant has given 2 blows on the chest of the deceased. Considering the seriousness of the crime, the applicant does not deserve to be granted bail. Even the knife was recovered from the spot of the incident. Though a kitchen knife was used, however, fatal blow was given by the applicant, which is sufficient to gather the intention of the applicant, and therefore, the present applicant does not deserve to be granted bail. 6. I have considered the rival submissions. I have perused the F.I.R. as well as the post-mortem report and the statement of the eye-witnesses. I have also seen the injury certificate of the applicant, which is part and parcel of the charge-sheet, as well as the statement recorded by the police of the applicant. The fact emerging from the entire episode is that the deceased was trying to construct the staircase on the road, which was affecting the right of way to go to the applicant’s house, and therefore, it appears that he had made a complaint to the Nagar Parishad. However, since there were holidays, the applicant requested the deceased not to construct the staircase till Monday, so that the persons from the Nagar Parishad could inspect the spot. He further requested that if the Nagar Parishad permitted the deceased to Piyush Mahajan 4 36-Cr.BA-1095-2026 construct the staircase, in that case, he may construct it, however, he requested him not to construct the staircase till Monday. Being annoyed, it appears that the deceased had given a blow with the help of a stick on the head of the applicant, which could be gathered from the injury certificate annexed along with the charge-sheet. No doubt, so far as the allegations against the applicant are concerned, the applicant has given blows on the chest of the deceased with a knife and there are serious allegations, however, the circumstances under which the offence was committed are required to be seen. In my opinion, considering the nature of the allegations and the fact that the investigation is complete and the charge-sheet is filed, therefore, I am inclined to grant bail by imposing stringent conditions. Hence, the following order: O R D E R (i) The Criminal Application is allowed; (ii) The applicant/accused (Pawan S/o Manohar Lonbale) be released on regular bail in connection with Crime No.351/2026 for the offence punishable under Section 103(1) of the Bharatiya Nyaya Sanhita, 2023, registered with Police Station Umred, District Nagpur, on Piyush Mahajan 5 36-Cr.BA-1095-2026 his furnishing a P.R. bond of Rs.50,000/- (Rupees Fifty Thousand) with two solvent sureties 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, and 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, or fails to comply with the aforesaid conditions, 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: 09/09/2026 18:21:49