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Bombay High Court

SOMNATH KASHINATH SHINGATE AND ANOTHERversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal
DISPOSED OFF

Holding

Bail was granted to the appellants; both appeals were allowed.

Summary

The appellants, charged under multiple sections of the Bharatiya Nyaya Sanhita, 2023, the SC/ST (Prevention of Atrocities) Act, 1989 and the Arms Act, sought bail in connection with CR No. 481/2025 relating to an alleged assault on 24 August 2025. The prosecution alleged that the appellants participated in a group assault using sticks and obstructed medical assistance to the victims. The defence argued that the injuries to the witnesses were simple, not attributable to the appellants, and that there was no risk of flight or evidence tampering. The State opposed bail, citing the FIR, witness statements and injury certificates. The Court found that the injuries could not be linked to the appellants and that continued pre‑trial detention was unnecessary, granting bail with conditions. Both appeals were allowed and the appellants were released on bail.

Issues considered

  • Whether bail should be granted to the accused pending trial for offences under the Bharatiya Nyaya Sanhita, the SC/ST (Prevention of Atrocities) Act and the Arms Act.
  • Whether the nature of the injuries and the risk of evidence tampering justify continued pre‑trial detention.

Legislation cited

Subjects

  • bail
  • pre‑trial detention
  • assault
  • SC/ST Act
  • Arms Act
  • Bharatiya Nyaya Sanhita
  • witness protection
  • criminal procedure

Judgment

2026:BHC-AUG:43469
                                                                            936 & 937.odt



                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                           936 CRIMINAL APPEAL NO. 480 OF 2026

                               1. Somnath Kashinath Shingate
                                2. Narendra Shahaji Sonawane
                                          VERSUS
                            The State Of Maharashtra And Another

          Mr. N. S. Ghanekar, Advocate for Appellants
          Mrs. P. J. Bharad, APP for Respondent No.1/State
          Mr. S. E. Shekade, Advocate for Respondent No. 2

                           937 CRIMINAL APPEAL NO. 503 OF 2026

                                  1. Kiran Raosaheb Jagdale
                          2. Harshad @ Harshwardhan Pratap Kakde
                                           VERSUS
                            The State Of Maharashtra And Another

          Mr. I. D. Maniyar, Advocate for Appellants
          Mrs. P. J. Bharad, APP for Respondent No.1/State
          Mr. S. E. Shekade, Advocate for Respondent No. 2

                                                          CORAM :R. M. JOSHI, J.
                                                          DATE  :SEPTEMBER 24, 2026

          P. C. :

          1.          Appellants seek bail in connection with C.R. No. 481/2025

          registered with Police Station Jamkhed, District Ahilyanagar for the offences

          punishable under Sections 109(1), 118(1), 118(2), 119(2), 324(4), 189(2),

          191(2), 191(3), 190, 351(2), 126(2), 61(2), 238 of the Bharatiya Nyaya

          Sanhita, 2023 and Sections 3(2)(v), 3(2)(va), 3(1)(r)(s) of the Scheduled

          Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and

          Section 4/25 of the Arms Act.



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                                                                    936 & 937.odt



2.           In short, it is the case of the prosecution that on 24.08.2025 at

about 11.00 pm an incident occurred in which Adarsha, Digvijay, Vaibhav

and Yashdeep were assaulted by co-accused. While Yashdeep was taken to

the hospital, Appellants and other accused persons obstructed them. There

are allegations against present Appellants that they used sticks in order to

caused assault.


3.           Learned Counsels for the Appellants submit that after

conclusion of the investigation, charge-sheet has been filed and now,

Appellants cannot be kept in custody by way of pre-trial sentence. In order

to support their submissions, they drew attention of the Court to the injury

certificates of the witnesses whose injuries could be attributed to the present

Appellants. By referring to the injury certificates, they argued that simple

injuries were caused to them. It is specifically pointed out that injuries

caused to Abhijeet are by sharp edged weapon, which is not attributed to

the present Appellants. They, therefore, seek bail of the Appellants.


4.           Learned APP and learned Counsel for Informant opposed grant

of any relief to the Appellants by referring to the allegations in the FIR,

which according to them, are supported by the statements of witnesses so

also injury certificates on record. According to them, if the Appellants are

enlarged on bail, they are likely to interfere in the evidence of prosecution.


5.           Prima facie perusal of the record indicates that the injuries

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                                                                        936 & 937.odt



caused to Abhijit are not attributable to the present Appellants. In so far as

injuries alleged to have been caused by the Appellants to the other

witnesses, they are simple in nature. Having regard to the said fact, this

Court finds substance in the contention of learned Counsel for the

Appellants that their further custody is not necessary. Needless to say that

Appellants cannot be kept in jail by pre-trial sentence. They are not likely to

flee from justice. Hence, the order:

                                    ORDER

(i)      Both Appeals are allowed.

(ii)     Appellants in connection with C.R. No. 481/2025 registered
         with Police Station Jamkhed, District Ahilyanagar for the
         offences punishable under Sections 109(1), 118(1), 118(2),
         119(2), 324(4), 189(2), 191(2), 191(3), 190, 351(2),
         126(2), 61(2), 238 of the Bharatiya Nyaya Sanhita, 2023 and
         Sections 3(2)(v), 3(2)(va), 3(1)(r)(s) of the Scheduled Castes
         and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and
         Section 4/25 of the Arms Act, shall be released on bail on
         furnishing PB and SB of Rs. 15,000 (Rupees Fifteen Thousand
         Only) each with one surety in the like amount.

(iii)    They shall attend all dates of hearing before Trial Court
         unless exempted.

(iv)     They shall not contact the witnesses directly or indirectly.

(v)      They shall not interfere with the evidence in any manner
         whatsoever.

                                                       (R. M. JOSHI, J.)
Malani




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