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Bombay High CourtBA/953/2026disposed off

Sanjay Vasant Modak v. State Of Maharashtra

2026-04-07Hon'Ble Shri Justice Shivkumar Dige3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 953 OF 2026 Sanjay Vasant Modak ...Applicant Vs.

The State of Maharashtra

...Respondent

_________________________________________________________________ Mr. Mithilesh Mishra i/by Namasvi Bhanushali and Yuvraj Patil, Advocate for Applicant.

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

API Kishor Pawar, Fursungi Police Station present. _________________________________________________________________

CORAM

: SHIVKUMAR DIGE, J.

DATE : 7th APRIL, 2026.

P.C. :

1.

Heard learned counsel for the Applicant and learned APP for the State.

2.

By this application, the applicant is seeking regular bail in connection with Crime No. 415 of 2025 registered with Phurshungi Police Station, Pune for the offence punishable under Sections 105, 106(1), 125, 281 of the Bhartiya Nyaya Sanhita,2023 a/w. 3(1), 181, 5, 180, 119, 117, 184 of the Motor Vehicle act, 1988.

3.

It is prosecution's case that Applicant is the trustee of Modak International School. The driver of said school gave dash to the son of first informant. Due to dash, the son died. It is alleged that at the time of incident, the driver of the school bus was not holding effective and valid

driving license.

4.

It is contention of learned counsel for the Applicant that Applicant is behind bars around three months. He has no antecedents. He cannot be held for vicarious liability in criminal law. It may take time to conclude the trial and requested to allow the application. 5.

It is contention of learned APP for the State that Applicant is the trustee of the school. The school bus driver gave dash to five years old son of first informant. In the said accident, the victim died. Applicant appointed the co-accused- driver without having valid driving license. It shows involvement of the applicant in crime. If applicant is released on bail, he may abscond or threaten prosecution witnesses and requested to reject the application.

6.

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

7.

The role of the applicant is only that he is the trustee of the school, the school bus driver gave dash to the son of first informant. In the said accident he died.

8.

Considering the role attributed to the Applicant as well as the fact that applicant has no antecedents, he is behind bars around three months, investigation is completed and charge-sheet has been filed, I pass following order:

ORDER

(i) The Applicant- Sanjay Vasant Modak be released on bail in Crime No. 415 of 2025 registered with Phurshungi Police Station, Pune, 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) Bail Application is allowed in the aforesaid terms. (SHIVKUMAR DIGE, J.)