Prasad Pandit Mhalaskar v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 4617 OF 2025 Prasad Pandit Mhalaskar ... Applicant

Versus

The State of Maharashtra ... Respondent _________________________________________________________________ Digitally signed by SONALI SATISH KILAJE Date:

2026.01.12 18:10:34 +0700 Mr. Tanmay Kate i/b. Mr. Vipul Dushing and Mr. Sarvesh Nikam, Advocates for the Applicant.

SONALI SATISH KILAJE Mr. P. P. Jadhav, APP for Respondent-State.

API - Kiran S. Pathare, MIDC Bhosari Police Station present. _________________________________________________________________

CORAM

: SHIVKUMAR DIGE, J.

DATE : 9th JANUARY, 2026.

P.C. :

1.

By this application, the applicant is seeking regular bail in C.R.No. 263 of 2025 registered with Bhosri MIDC Police Station for the offences punishable under Sections 103, 189(2), 189(4), 190, 191(2), 191(3), 352 of Bharatiya Nyaya Sanhita, 2023; under Section 4(25) of Arms Act and under Sections 37(1)(3) and Section (135) of Maharashtra Police Act.

2.

It is alleged that on 16.05.2025, the applicant and co-accused assaulted the deceased with sharp weapon on the ground of financial

dispute and murdered him.

3.

It is contention of learned counsel for the applicant that entire incident is captured in the CCTV camera. In the CCTV footage, the applicant is not seen assaulting the deceased, rather he was trying to prevent co-accused from assaulting the deceased. The applicant is behind bar for around seven months. Investigation is completed. Chargesheet has been filed. The applicant has no antecedents. Hence, requested to allow the application.

4.

It is contention of learned APP that applicant has assaulted the deceased. The applicant was present at the time of incident. It shows his involvement in the crime. If applicant released on bail, he may threaten prosecution witnesses and first informant and requested to reject the application.

5.

I have heard both the learned counsel. Perused chargesheet and documents produced on record. The entire incident is captured in the CCTV camera. Panchanama of CCTV footage shows that co-accused assaulted the deceased with sharp weapon. At the time of incident, the applicant was preventing the co-accused from assaulting the deceased. To prove the allegations of conspiracy against the applicant, trial is required. As the applicant has not directly participated to assault the deceased, I pass following order.

ORDER

i.

The Applicant is released on bail in C.R.No. 263 of 2025 registered with Bhosri MIDC Police Station, on executing P.R.Bond of Rs.30,000/-, on furnishing one or two sureties in the like amount.

ii.

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

iii.

The Applicant shall not tamper with evidence or attempt to influence the witnesses. The Applicant shall not contact the complainant, victim, witnesses or any other person concerned with present case.

iv.

The Trial Court shall not be influenced by the observations made in this order and shall decide the matter on its own merits and in accordance with law.

6.

The Bail Application is allowed in the aforesaid terms and is accordingly disposed of.

7.

All concerned to act on the authenticated copy of this order. (SHIVKUMAR DIGE, J.)