Pravin Subhash Patil And Others v. The State Of Maharashtra
2026:BHC-AUG:18033 1 33 ba 513.26
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD BAIL APPLICATION NO. 513 OF 2026 1.
Pravin Subhash Patil, Age : 33 Years, Occu. : Agril.
R/o Bilwadi, Tq. & Dist. Jalgaon.
2.
Ishwar @ Shubham Jeevan Patil, Age : 26 Years, Occu. : Agril.
R/o Bilwadi, Tq. & Dist. Jalgaon.
3.
Kalpesh Balasaheb Patil, Age : 23 Years, Occu. : Agril.
R/o Bilwadi, Tq. & Dist. Jalgaon.
.. Applicants
Versus
The State of Maharashtra .. Respondent Shri Rajendra Deshmukh, Senior Advocate a/w Ms. Ashwini Deshmukh, Advocate i/by Shri Vishal Chavan & Hashmi Ubaid, Advocates for the Applicants.
Shri S. V. Hange, A.P.P. for the Respondent - State. CORAM : SHAILESH P. BRAHME, J.
DATE : 23RD APRIL, 2026.
FINAL ORDER :
.
Heard both sides.
2.
Applicants are seeking enlargement on bail in respect of offence bearing Cr. No. 660/2025 registered with M.I.D.C. Jalgaon Police Station, Tq. & Dist. Jalgaon for the offences punishable U/Sec. 103, 109, 118(2), 118(1), 352, 351(2), 189,
2 33 ba 513.26 191(2), 191(1) and 190 of the Bhartiya Nyaya Sanhita, 2023. 3.
The applicant No. 1 and 2 are arrested on 15.09.2025. Applicant No. 3 is arrested on 17.09.2025. The charge sheet is filed on 27.11.2025.
4.
It is reported by son of the deceased Eknath Nimba Gopal (Mahajan) that there was rivalry between the group headed by his cousin Ravindra Hilal Gopal and the group headed by Rohidas Kashinath Patil over the gram panchayat election of village Bilwadi, Tq. and Dist. Jalgaon. On 14.09.2025 the accused are alleged to have gathered and there was quarrel over the repair work of temple. When the deceased was trying to reason with the assailants, he was being attacked by accused No. 1 - Rohidas with spade. Co-accused who were armed with stick inflicted blow on the deceased. The persons who went to rescue were also assaulted. The accused are stated to have threatened and assaulted others by fist, blows and sticks. Eknath succumbed to the injuries.
5.
Learned senior counsel Mr. Rajendra Deshmuch for the applicants would submit that the names of the applicants are not spelt out in the first information report. Due to political rivalry they are falsely implicated in the present offence. The statement of Janabai Eknath Gopal is not reliable. The postmortem report indicates cause of death due to head injury, which can be attributable to accused No. 1 - Rohidas Patil. No specific role
3 33 ba 513.26 has been attributed to the applicants. There is no recovery at the instance of the applicants. In fact applicants were not present at the relevant time and they were at a restaurant. 6.
Per contra, learned A. P. P. submits that there are injured eye witnesses, who are consistent and supporting the prosecution case. Janabai Gopal, who is the eye witness is a natural witness and she has spelt out specific role of the applicants. Further statements of Arjun Yuvraj Gopal and Gaurav Arjun Gopal would show involvement of the applicants. There was motive for the assailants to take revenge of the victims, who are in minority in the village. They were armed with the weapons and by implication of Sec. 149 of the I. P. Code, they are equally liable. 7.
First information report does not spell out the names muchless any specific involvement of the applicants in the incident which took place in the night of 14.09.2025 at village Bilwadi. The supplementary statement of informant and statement of Janabai would disclose names of the applicants. They are stated to be part of the unlawful assembly and they are shown to be assaulting. The allegations against the applicants are omnibus in nature. The statements of Arjun Gopal and Gourv Gopal are in tune with statement of Janabai. It cannot be overlooked that their statements were recorded subsequent in time.
8.
Postmortem report reveals that the cause of death was
4 33 ba 513.26 head injury and column No. 19 corresponds to it. It has come unequivocally on record that fatal blow was inflicted by accused No. 1 - Rohidas with spade. Other injuries are noticed on the person of accused which are noted in column No. 17. It is not possible to co-relate any of the injuries to the present applicants. 9.
There was rivalry on political count. Applicants are the supporters of main perpetrators. The deceased and the victim are from the opposite group. Specific role has been attributed to main perpetrator Rohidas Patil and Hitesh R. Patil. Implication of applicants subsequently cannot be ruled out. It is informed by the learned A. P. P. that there are as many as nineteen offences registered against applicant - Pravin Subhash Patil. Applicant No. 2 - Ishwar Patil is his real cousin brother. There is sufficient incarceration and they are not required to be detained any further. Even track record of the applicants needs to be taken care of while granting them bail.
10.
The applicants are alleged to have formed unlawful assembly. Members of assembly were armed with sticks. There was rivalry in two groups in the village. Whether the liability of the applicants can be said to be co-extensive with the main perpetrators can be part of objective scrutiny. At this juncture it is difficult to gather that participation of the applicants was with common knowledge and object. Therefore, although Sec. 149 of the I. P. C. is invoked, that would not be an impediment at this stage for enlarging them on bail.
5 33 ba 513.26 11.
I, therefore, pass following order.
O R D E R
A.
The bail application is allowed.
B.
Applicant No. 1 Pravin Subhash Patil, Applicant No. 2 Ishwar @ Shubham Jeevan Patil and applicant No. 3 Kalpesh Balasaheb Patil shall be released on bail in respect of Cr. No. 660/2025 registered with M.I.D.C. Jalgaon Police Station, Tq. & Dist. Jalgaon for the offences punishable U/Sec. 103, 109, 118(2), 118(1), 352, 351(2), 189, 191(2), 191(1) and 190 of the Bhartiya Nyaya Sanhita, 2023 on condition of furnishing P. R. bond and S. B. of Rs. 50,000/- (Rs. Fifty thousands only) each with one solvent surety of like amount each.
C.
The applicants shall cooperate in expeditious disposal of trial.
D.
The applicants shall surrender their Aadhar and Pan cards to the investigating officer.
E.
The applicants shall not enter Jalgaon district till conclusion of the trial, save and except attending the dates of the Trial.
F.
The applicants shall furnish to the I. O. / S.H.O. concerned their cellphone numbers on which the applicants may be
6 33 ba 513.26 contacted at any time and shall ensure that the numbers are kept active and switched on at all times.
G.
The applicants shall drop a Google pin location from their mobile phone to the I. O. concerned so as to show their whereabouts everyday.
H.
The applicants shall not indulge in any act or omission that is unlawful, illegal or that would prejudice the proceedings in pending cases, if any.
I.
The applicants or their family members/relatives/friends shall not contact or try to intimidate the complainant or his family or tamper with any of the witnesses in anyway. J.
Bail application is disposed of.
[ SHAILESH P. BRAHME J. ] bsb/April 26