Bombay High Court

THE STATE OF MAHARASHTRAversusGUNVANT MOHAN BHONDEKAR AND ANR

Decided: 27 February 2026
Disposal: Disposed Off
Bench: SARANG VIJAYKUMAR KOTWAL SANDESH DADASAHEB PATIL

Holding

Leave to appeal is granted, the trial court shall grant bail to Respondent No.1 under Section 431 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and the Legal Services Authorities shall appoint counsel for Respondent No.2.

Summary

The State of Maharashtra filed an application for leave to appeal against the order of the trial court in a criminal matter involving Gunvant Mohan Bhondekar (Respondent No.1) and another respondent. The High Court considered whether leave to appeal should be granted, whether bail could be ordered under Section 431 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and whether a legal services counsel should be appointed for the unrepresented second respondent. The Court found merit in the application, granted leave to appeal and admitted the appeal. It directed the trial court to grant bail to Respondent No.1 in accordance with Section 431 of the 2023 Act. Additionally, the Court ordered the Legal Services Authorities to appoint a suitable counsel from their panel for Respondent No.2, who had not engaged an advocate.

Issues considered

Whether leave to appeal should be granted in the present application
Whether bail may be granted to Respondent No.1 under Section 431 of the Bharatiya Nagarik Suraksha Sanhita, 2023
Whether the Legal Services Authorities must appoint counsel for an unrepresented respondent

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 431

Subjects

bail
leave to appeal
criminal appellate jurisdiction
legal services
representation
Section 431
Bharatiya Nagarik Suraksha Sanhita

Judgment

                                                             7-ALS-18-2025.doc




          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION

APPLICATION FOR LEAVE TO APPEAL (STATE) NO. 18 OF 2025
The State of Maharashtra               … Applicant
            Versus
Gunvant Mohan Bhondekar and Anr.                       … Respondents

                             --------------------
Ms. Kranti Hiwrale, A.P.P., for the Applicant-State.

Mr. Laxmikant N. Shrimangale a/w Mr. Ambadas Shrimangale, Mr.
Vitthal Shrimangale and Mr. Vicky Khairnar, for the Respondent No.1.
                           --------------------

                                CORAM :       SARANG V. KOTWAL &
                                              SANDESH D. PATIL, JJ.

                                  DATE    : 27th FEBRUARY, 2026.
P.C. :

1.        Heard Ms. Kranti Hiwrale, A.P.P., for the Applicant-State and

Mr. Laxmikant N. Shrimangale, learned Counsel for the Respondent

No.1.



2.        Arguable points are raised. Matter requires consideration. Leave

granted. Appeal admitted. Call for records and proceedings with paper

books.



Manisha                                                                   1/2
                                                            7-ALS-18-2025.doc




3.        The trial Court shall grant bail to the Respondent No.1 as per

provisions of Section 431 of Bharatiya Nagarik Suraksha Sanhita, 2023

to his satisfaction.



4.        The Legal Services Authorities of this Court shall appoint a

suitable Counsel from their Panel to represent the Respondent No.2

who is already served according to the learned A.P.P. and who has not

engaged an Advocate.




(SANDESH D. PATIL, J.)                       (SARANG V. KOTWAL, J.)




Manisha                                                                  2/2

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