Bombay High Court

SUDHIR VASANTRAO KOLASEversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: DISPOSED OFF

Holding

The High Court allowed the appeal and granted pre‑arrest bail, finding no prima facie case against the appellant.

Summary

The appellant, Sudhir Vasantrao Kolase, appealed under Section 14(A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for pre‑arrest bail in a case involving alleged assault and caste‑based abuse that led to the death of a deceased by alleged poison consumption. The FIR was lodged 13 days after the alleged incident, and the informant recorded no objection to bail. The prosecution argued that the assault was evidenced by injuries and that the delay was unexplained, while the defence highlighted the lack of post‑mortem corroboration and the possibility of accidental poison ingestion. The Court observed that the prima facie material did not substantiate the assault or the caste‑based abuse, and that the delay and lack of medical evidence weakened the prosecution's case. Consequently, the Court allowed the appeal, granting bail with conditions, and emphasized that the observations were only prima facie and not binding on the trial court.

Issues considered

Whether pre‑arrest bail can be granted under Section 14(A) of the SC/ST (Prevention of Atrocities) Act despite a 13‑day delay in filing the FIR.
Whether the allegations of assault and caste‑based abuse are supported by prima facie evidence, including post‑mortem findings.
Whether the death by poison can be attributed to the appellant’s alleged actions or is merely accidental.
Whether the informant’s lack of objection to bail influences the grant of bail.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 108, 115(2), 352
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 14(A), 3(1)(r), 3(1)(s), 3(2)

Subjects

pre‑arrest bail
SC/ST Act
delay in FIR
assault
caste discrimination
poison death
prima facie evidence
bail jurisprudence

Judgment

2026:BHC-AUG:39452
44-APEAL-504-2026.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

44 CRIMINAL APPEAL NO. 504 OF 2026

Sudhir Vasantrao Kolase
VERSUS
The State Of Maharashtra And Another

Mr. Joydeep Chatterji h/f Mr. A. K. Bhosle, Advocate for Appellant
Mr. N. R. Dayama, APP for Respondent No. 1/State
Mr. S. H. Azad & Mr. M. R. Singh, Advocate for Respondent No. 2

CORAM : R.M. JOSHI, J
DATE : AUGUST 31, 2026

P. C. :

1. This Appeal is filed under Section 14(A) of the Scheduled

Castes and Scheduled Tribes (Prevention of Atrocities) Act by Appellant

seeking pre-arrest bail in connection with C.R. No. 480/2026 registered with

Police Station Shrirampur City, District Ahilyanagar for the offences

punishable under Sections 108, 115(2), 352 of the Bharatiya Nyaya Sanhita,

2023 and Sections 3(1)(r), 3(1)(s) and 3(2) of the Scheduled Castes and

Scheduled Tribes (Prevention of Atrocities) Act.

2. First information report dated 30.05.2026 indicates that the

husband of the Informant was working with present Appellant. In October,

2025, he took advance of Rs.3,100/-. On 17.05.2026 since the deceased was

not keeping good health, he did not go for work. For this reason, Appellant

came to their house at about 04.30 pm and abused and assaulted deceased.

Deceased assured the Appellant of coming to work on the next date. She

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44-APEAL-504-2026.odt

states that the Appellant has abused the deceased over his caste. At about

06.00 pm the Informant along with deceased went to the house of the

Appellant and paid Rs.3,100/- to him. While coming back, deceased was in

depression and told Informant about he felt insulted. On the same day, he

consumed poison. He admitted in the hospital, however, he succumbed

thereto on the next date on 18.05.2026.

3. Learned Counsel for the Appellant submits that there is

inordinate and unexplained delay in lodging of the report. According to him,

the present report came to be lodged as the Appellant has not succumbed to

the pressure of the Informant about paying damages to her. To support this

submission, he drew attention of the Court to the NC recorded on

20.05.2026 by the Appellant. It is his submission that unless there is

evidence to support allegations in the FIR, the offence under Section 108 of

the BNS would not attract.

4. Learned APP opposed grant of any protection to the Appellant

by submitting that the Informant is a lady and after death of her husband, it

was not expected that she would immediately go to police station and lodge

report. As far as the allegations of the assault by Appellant are concerned,

the injuries caused to the elbow of the deceased are sufficient to support the

said allegations. It is his submission that in fact this is a case wherein

Appellant has caused interference in the evidence of the prosecution and by

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44-APEAL-504-2026.odt

pressurizing the Informant, she is made to file affidavit recording no

objection for grant of pre-arrest bail.

5. Learned Counsel for the Informant recorded no objection for

grant of pre-arrest bail.

6. Ignoring the fact that there is no objection recorded by the

Informant for grant of pre-arrest bail, prima facie perusal of the record

indicates that there is delay of 13 days in lodging of report. Even if the delay

is ignored, the allegations against the Appellant of he causing assault on the

deceased on 17.05.2026 is not supported by the post mortem notes.

Needless to say that if the assault was caused, the same would reflect while

examining the deceased. Moreover, there is no prima facie material on

record to show that this is a case of conscious consumption of poison and

not accidental consumption. This prima facie observation is inevitable in

view of the fact that the alleged attributions against the Appellant of

abusing deceased over his caste were not in public view, this Court finds no

reason not to protect the liberty of the Appellant. Hence, the order:

ORDER

(i) Criminal Appeal is allowed.

(ii) In the event of arrest of the Appellant - Sudhir Vasantrao
Kolase in connection with C.R. No. 480/2026 registered with
Police Station Shrirampur City, District Ahilyanagar for the
offences punishable under Sections 108, 115(2), 352 of the
Bharatiya Nyaya Sanhita, 2023 and Sections 3(1)(r), 3(1)(s)

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44-APEAL-504-2026.odt

and 3(2) of the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, he shall be released on bail on
furnishing PR bond of Rs. 15,000 (Rupees Fifteen Thousand
Only) with one surety in the like amount.

(iii) He shall attend the concerned police station as and when
required.

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

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

(vi) He is further directed to cooperate the investigating agency
for further investigation.

(vii) The observations made herein above are prima facie in nature
and Trial Court is not bound by the same.

(R. M. JOSHI, J.)
Malani

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