Pradeep Santosh Pawar v. State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1200 OF 2025 Pradeep Santosh Pawar ...Appellant

Versus

State of Maharashtra And Anr.

...Respondents

Mr. Shubham S. Sane a/w Mr. Priyal G. Sarda h/f Ms. Seema Dighe, for the Appellant.

Mrs. Veera Shinde, APP, for the Respondent - State. Ms. Jahnavi S.Karnik, for the Respondent No.2.

CORAM:

R. M. JOSHI, J.

DATED:

16th MARCH, 2026 PC:- 1.

After hearing learned Counsel for both sides, this Court has expressed its view that on parity Appellant is entitled for bail however, at the request of learned APP the said order was deferred on the undertaking that the informant would be examined in short period of time and thereafter the order of bail could be passed. Inspite of such statement, for last two dates, there is no statement made with regard to the examination of the informant before the Trial Court. Today also learned APP is unable to make statement in this regard. This Court has requested learned Counsel for Respondent No.2 to verify the online status of the proceeding in order to inform the Court about examination of informant before the Trial Court.

2.

Learned Counsel for Respondent No.2 on directions of the Court verified the online record and it is pointed out to the Court that informant is not examined till date. 3.

The order of grant of bail can not be deferred for indefinite time when this Court has already expressed its view that the Appellant is entitled for bail on parity, hence following order :-

ORDER

i) The Appeal stands allowed.

ii) The order dated 2nd May 2025 passed by the Court of Learned Special Judge (Under MCOC Act) & Additional Sessions Judge,Pune in Special (MCOC) Case No. 160 of 2024 is set aside.

iii) The Appellant - Pradeep Santosh Pawar be enlarged on bail, on furnishing P. R. Bond of Rs.50,000/- with one surety in the like amount, till the satisfaction of the Trial Court. iv) Applicant to attend all dates of hearing before the Trail Court unless his presence is exempted by passing specific order.

v) The Appellant is directed not to enter the limits of Pune Municipal Corporation till the conclusion of the trial.

vi) The Appellant not to threaten the prosecution witnesses or allure them in any manner.

vii) The Appellant to furnish his alternate place of residence to the Police and to the Court.

viii) The Appellant is directed to give attendance to Shivaji Nagar Police Station, Pune on first Monday of each month for a period of six months, from the date of order. For that purpose, he can enter the limits of Pune Municipal Corporation.

viii) Any breach of the above condition shall result forthwith in cancellation of bail.

4.

The application is allowed in aforesaid terms and is accordingly disposed of.

5.

All concerned to act upon the authenticated copy of this order.

(R. M. JOSHI, J.) VDMokal/-