Pankaj Prakash Singh And ANR. v. The State Of Maharashtra And ANR.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 178 OF 2026

1. Pankaj Prakash Singh

2. Balaram Mahaveer Pandit

VERSUS

The State of Maharashtra And Anr.

...

Mr. Jaydeep D. Mane, Advocate for applicants. Mr. Anand S. Shalgaonkar APP for the Respondents-State. ...

CORAM : SACHIN S. DESHMUKH, J.

DATE : 26th MARCH, 2026.

P. C. :

1.

The applicants seek regular bail in connection with C.R. No. 455 of 2024 dated 28.09.2024 registered with Solapur Taluka Police Station, District Solapur for the offences punishable under Sections 191(3), 191(2), 190 and 103(1) of the Bhartiya Nyaya Sanhita, 2023.

2.

Heard.

3.

Learned Counsel for the applicants submits that the applicants are falsely implicated in the present case and the alleged incident occurred to have in the spur of moment without any premeditation. There is no motive on the part of the applicants. There is unexplained delay in lodging the FIR. Since the charge-sheet is Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2026.03.26 20:16:04 +0530 SAJAKALI LIYAKAT JAMADAR 1 of

filed, further detention of the applicants is not warranted. 4.

Per contra, learned APP opposed the application submitting that the offence is serious in nature and that the deceased has succumbed to the injuries in the alleged assault. Learned APP has further expressed an apprehension that if the applicants are released on bail they may influence or threaten the witnesses. Thus, prayed to reject the application.

5.

Upon considering submissions of both sides and perusal of the material on record, including charge-sheet, prima facie it appears that the alleged incident had occurred on account of a trivial issue, between the applicant - Pankaj and the deceased wherein the applicants along with other co-accused assaulted the deceased, who was later on declared to be dead.

6.

Further perusal of the allegations prima facie indicate that the alleged altercation has taken place at the spur of moment and there appears no premeditation on the part of the applicants. The necessary recovery is effected by the investigating agency. The applicants are in custody for almost more than eighteen months. Therefore, further detention of the applicants may amount to pretrial detention which is neither warranted nor justified. 2 of

7.

Considering the fact that the investigation is complete and prima facie in absence of any motive on the part of the applicants, I am persuaded to exercise discretion in favour of the applicants. As far as the apprehension expressed by the learned A.P.P., the same can be adequately taken care of by imposing stringent conditions. Hence, the order :-

O R D E R

I.

The bail application is allowed.

II.

applicants - Pankaj Prakash Singh and Balaram Mahaveer Pandit be released on bail, on furnishing P.R. bond in the sum of Rs.50,000/- (Rs.Fifty Thousand) each with one or two local solvent sureties, in the like amount, in connection with C.R. No. 455 of 2024 dated 28.09.2024 registered with Solapur Taluka Police Station, District Solapur for the offences punishable under Sections 191(3), 191(2), 190 and 103(1) of the Bhartiya Nyaya Sanhita, 2023 , on the following conditions :- (a) The applicants shall not pressurize the prosecution witnesses and tamper with the prosecution evidence, in any manner.

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(b) The applicants shall not enter the jurisdiction of Solapur Taluka Police Station till conclusion of trial except attending the dates before the concerned Court. (c) The applicants shall attend the trial on each and every date unless exempted by the trial Court. (d) The applicants shall submit Aadhar and Pan Cards to the Investigating Officer and detailed address, where they are likely to reside as well as their own phone numbers and that of their two near relatives. (e) In case of breach of any of the conditions by the applicants, it is open for the Prosecution to approach the concerned Court seeking cancellation of bail, notwithstanding the fact that this Court has granted bail. III.

Needless to state that the observations rendered herein are to the extent of this application and the trial Court shall not be influenced by the same.

[SACHIN S. DESHMUKH, J.] 4 of