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Bombay High CourtBA/4137/2025disposed off

Kantilal Purushottam Solanke v. State Of Maharashtra

2026-03-13Hon'Ble Shri Justice Shivkumar Dige3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 4137 OF 2025 Kantilal Purushottam Solanke ... Applicant

Versus

The State of Maharashtra ... Respondent ____________________________________________________________ by NILAM SANTOSH KAMBLE Date:

2026.03.17 11:59:53 +0530 NILAM SANTOSH KAMBLE Mr.Amit Pradhan, for the Applicant.

Ms.R.D. Humane, APP for Respondent-State.

____________________________________________________________ CORAM : SHIVKUMAR DIGE, J.

DATE : 13th MARCH 2026 P.C. :

.

By this Application, the Applicant is seeking regular bail in Crime No.39 of 2025 registered with Pawarwadi Police Station, Malegaon, for the offences punishable under Sections 105, 281, 125(A), 125(B), 324(4), 324(5) of the Bharatiya Nyaya Sanhita, 2023 ('BNS' for short), Sections 184 and 185 of the Motor Vehicles Act. 2.

It is prosecution's case that the Applicant was driver of the Maharashtra State Transport Corporation. He was driving the bus under influence of liquor, and he gave dash to motorcycle. Due to the said dash,

one lady, who was a pillion rider on the said motorcycle fell and came under the tyre of the said bus and died.

3.

It is contention of learned counsel for the Applicant that alcohol wad detected in the blood sample of the Applicant was in low concentration. The Applicant is behind bars for more than one year. He is karta of his family. The Applicant has no antecedents. There is no progress in trial, and requested to allow the Application.

4.

It is contention of learned APP that, the Applicant was driving the bus under the influence of the liquor. He gave dash to the motorcycle and lady is died who was riding on that motorcycle. The Applicant had put life of the passengers travelling in bus in danger. If the Applicant released on bail, he may abscond or threaten prosecution witnesses, and requested to reject the Application.

5.

I have heard both learned counsel. Perused charge-sheet and documents produced on record.

6.

The Applicant is behind bars for more than one year. The Applicant has no antecedents. The Applicant is karta of his family. There is no progress in trial. It may take time to conclude the trial. The Applicant has been dismissed from service.

7.

Considering these facts, I pass following order.

ORDER

(i) The Applicant be released on bail in Crime No.39 of 2025 registered with Pawarwadi Police Station, Malegaon, on furnishing PR bond of Rs.25,000/- with one or two solvent sureties in the like amount.

(ii) The Applicant shall not tamper with the evidence and/or influence the prosecution witnesses.

(iii) The Trial Court shall decide the case on its own merits and in accordance with law, uninfluenced by the observations made in this order.

(iv) The Applicant shall attend the concerned Police Station as and when required.

(v) Application is allowed in the aforesaid terms. (SHIVKUMAR DIGE, J.)