Pappisingh Alias Narendrasingh Pritamsingh Barnala v. The State Of Maharashtra
2026:BHC-AUG:18447
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 37 BAIL APPLICATION NO. 609 OF 2026 Pappising @ Narendrasingh Pritamsingh Barnala, Age 30 years, Occ. Labour, R/o. Par-Umarti, Tq. Varla, Dist. Badwani M.P. ...
Applicant
VERSUS
The State of Maharashtra, Through the Police Inspector, Chopda Rural Police Station, Tq. & Dist. Jalgaon.
...
Respondent.
...
Advocate for Applicant : Mr. Chatterji Joydeep A.P.P. for Respondent/State : Mr. G.O. Wattamwar
CORAM
: SHAILESH P. BRAHME, J.
DATE : 22.04.2026 PER COURT :
Heard both sides.
2.
The applicant is seeking regular bail in connection with Crime No. 22/2025, registered with Chopada Gramin Police Station, District Jalgaon for the offences punishable under Sections 109, 110, 111, 132, 121(1), 137(2), 189(2), 189(4), 190, 191(2), 193(3), 115(2), 117(2), 118(1), 118(2), 140(2) of Bharatiya Nyaya Sanhita, 2023, under Section 3, 25, 7, 3/25, 7/25 of the Arms Act and under Section 37(1), 37(3) read with Section 135 of Maharashtra Police Act.
3.
The applicant is arrested on 16.02.2025. The charge-sheet is file on 15.05.2025.
4.
It is reported that Police Inspector Nitnaware received secrete 1/5
information in respect of the applicant was at Umrati Tq. Chopda with illegal firearms for the purpose of sell. The police party arranged a raid and found the applicant at Umarti at about 6.15 p.m. armed with pistol. He was apprehended by police and one more pistol was found in his packet. As he made hue and cry the villagers gathered and rushed towards the police party. His brothers and relatives were amongst them who started demanding release of the applicant. The members of the staff were threatened and assaulted by the mob. The brothers of the applicant were amongst them. The members of the police party sustained injuries and police inspector Nitnavare was required to fire three rounds to disperse the mob. The applicant is said to have been confined in the vehicle along with other personnels and he was to be taken to Chopda.
At that moment, the brothers of the applicant and others are alleged to have assaulted Police Inspector Nitnavare and abducted informant Shashikant Pardhi, who was taken to remote place. One of the members of the mob is alleged to have fired three rounds. When other members of the staff arrived at the spot, the mob dispersed and the members fled away.
5.
Learned counsel for the applicant Mr. Chatterji submits that first information report and the statements of the witnesses attribute only allegation of having two pistols with the applicant which were seized. No further overt act of assault, threatening and the abusing are attributable. The commotion raised by the applicant is but natural and cannot per se said to be incriminating. Punishment for offence punishable under Sections 3, 7, and 25 of the Arms Act is comparatively lesser. The applicant cannot be said to be involved for overt act, which would fall within purview of Bharatiya Nyaya Sanhita. The applicant is claiming parity as co-accused Nanaksing, has been released on bail. He is also said to have four criminal antecedents. 6.
Learned A.P.P. opposes the submissions on the ground that the applicant is a habitual offender and five more offences are reported against him. He is said to be instrumental for the incident occurred on 15.02.2025. 2/5
His brothers, co-accused and the villagers assaulted the police party, so as to rescue the applicant. The members of the mob were having pistol and were armed with other weapons also. The police personnel received injuries. The statement of the witnesses during the course of investigation disclose the involvement of the applicant. The transcript panchnama also corroborate the prosecution theory.
7.
I have gone through F.I.R. The applicant was apprehended by the police at the beginning of the incident, which occurred on 15.02.2025 immediately after 6.15 p.m. Two country made pistols were seized from his person. After his apprehension, he raised commotions and therefore his brothers and other villagers gathered at the spot to rescue. It further reveals from the record that his brothers and the members of the mob started questioning the members of the police party for releasing the applicant. The applicant was all the while in the custody of the police personnel and he was put in the private vehicle for taking him to Chopda. It was not possible for the applicant to participate in the assault or to have been part of the mob after his apprehension. The allegations of assault, obstruction to the public servant in performing their duties cannot be attributed to him. The applicant's role is said to be confined to the offences punishable under the Arms Act. The punishment under the Arms Act is comparatively lesser. 8.
The record shows that police inspector Nitnavare received one simple injury and one grievous injury. Police personnel Kiran received three simple injuries. Shashikant received two simple injuries and Vishwas received two simple injuries. The injuries received by the members of the police party were caused aftermath the apprehension of the applicant. The applicant's brothers and their supporters wanted the police party to release the applicant which culminated into assault and firing of the rounds from both the sides.
9.
The overt act, as alleged against Police Inspector Nitnavare and 3/5
informant also cannot be attributable to the applicant. Six accused are already released on bail.
10.
I find that co-accused Nanaksing was released on bail by the Sessions Court. There are four antecedents reported against him, still by imposing stringent condition he was released vide order dated 14.07.2025. A useful reference can be made to the law laid down by the Supreme Court in the matter of Prabhakar V/s. State of Uttar Pradesh. I find no difficulty in granting relief on certain conditions.
11.
I find that that investigation is already over. Two pistols are recovered from the applicant. Further incarceration is not required. The track record of the applicant has been 12.
The Bail Application is allowed.
13.
The applicant Pappisingh @ Narendrasingh Pritamsing Barnala shall be released on bail in connection with Crime No. 22/2025, registered with Chopada Gramin Police Station, District Jalgaon for the offences punishable under Sections 109, 110, 111, 132, 121(1), 137(2), 189(2), 189(4), 190, 191(2), 193(3), 115(2), 117(2), 118(1), 118(2), 140(2) of Bharatiya Nyaya Sanhita, 2023, under Section 3, 25, 7, 3/25, 7/25 of the Arms Act and under Section 37(1), 37(3) read with Section 135 of Maharashtra Police Act, on following conditions:
(a) The applicant shall furnish P.R. bond of Rs. 3,00,000/- (Rs. Three lakh only) with one or more local solvent surety of like amount.
(b) The applicant shall not tamper with prosecution evidence or contact with the prosecution witnesses. (c) The applicant shall furnish his mobile/cell number and address to the investigating officer.
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(d) The applicant shall mark his presence with Chopda Rural Police Station Dist. Jalgaon once in fortnight on every Sunday between 10 a.m. to 4 p.m. till completion of trial. (e) The applicant shall submit list of atleast two blood relatives with their detailed residential addresses and also the addresses of their place of work with documentary proof of showing the correctness of the details produced by him. (f) The applicant and his sureties shall submit copies of at least two documents amongst their respective passport, PAN Card, bank passbook, credit card with photograph, ration card, Aadhar card, electricity bill, voter I.D., and property tax register while furnishing the Bail. (g) Applicant shall cooperate for expeditious disposal of the trial.
14.
Bail application is disposed of.
( SHAILESH P. BRAHME, J.) mkd/- 5/5