Bombay High Court

GANGAPRASAD SITARAM PANDVIRversusTHE STATE OF MAHARASHTRA

Disposal: DISPOSED OFF
Bench: ABHAY S WAGHWASE

Holding

The court held that, given the applicant’s age, lack of direct participation, and that the alleged instigation occurred after the offence, bail should be granted.

Summary

The applicant, Gangaprasan, aged 64, was arrested in connection with a murder case (Crime No.29 of 2026) for alleged instigation of his son Manohar, who allegedly assaulted and caused the death of Shaikh Faruq. The FIR alleged that after the assault, the applicant encouraged his son to continue the assault, but no direct act was attributed to him. The applicant sought regular bail, arguing false implication, lack of overt act, his advanced age, and that the chargesheet had already been filed. The prosecution opposed bail, contending that the applicant’s alleged instigation made him a principal offender and that his release could jeopardise the trial. The court examined the FIR, noted that the alleged instigation occurred after the assault and that the applicant had no recoverable assets, and considered his age as a mitigating factor. Accordingly, the court granted bail on personal bond with conditions not to tamper with evidence or enter the informant’s village.

Issues considered

Whether the alleged instigation by the accused, occurring after the assault, warrants denial of bail under the Bharatiya Nyaya Sanhita.
Whether the accused’s advanced age and lack of direct participation justify granting bail.
Whether there is a risk of tampering with evidence or misuse of liberty if bail is granted.

Legislation cited

Bharatiya Nyaya Sanhita — s. 109, 115(2), 118(2), 3(5), 351(2), 352

Subjects

bail
instigation
assault
Bharatiya Nyaya Sanhita
age
false implication
criminal procedure

Judgment

2026:BHC-AUG:27318


                                                    {1}                  BA-1116-2026


                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                                 1024 BAIL APPLICATION NO. 1116 OF 2026
                                                   WITH
                                  CRIMINAL APPLICATION NO. 2570 OF 2026
                                             IN BA/1116/2026

                 Gangaprasad s/o. Sitaram Pandvir             ….Applicant
                                                              (Accused No.2)
                                      Versus

                 The State of Maharashtra                     …..Respondent
                                                  …..
                 Advocate for Applicant : Mr. Balasaheb N. Magar
                 APP for Respondent      : Mr.D.J.Patil
                 Advocate for Informant (Assist to APP) : Mr.Saeed Shaikh (Thr. VC)
                                                          a/w. Mr.Vishal Thorave
                                                  …..
                                         CORAM :      ABHAY S. WAGHWASE, J.

                                         RESERVED ON  : 09 JULY, 2026
                                         PRONOUNCED ON : 10 JULY, 2026

                 ORDER :

                 1.    Criminal Application No.2570 of 2026 has been preferred by

                 the original informant, thereby seeking leave to assist learned APP

                 while prosecuting instant bail application. For the reasons mentioned

                 in the application, application is allowed. The applicant is permitted

                 to assist learned APP.        The criminal application is accordingly

                 disposed off.
                                 {2}                    BA-1116-2026


2.    Applicant seeks grant of regular bail on account of his arrest in

Crime No.29 of 2026 registered at Aundha Nagnath Police Station,

Tq. Aundha Nagnath, District Hingoli, for offences punishable under

Sections 109, 115(2), 118(2), 3(5), 351(2), 352 of the Bharatiya

Nyaya Sanhita.



3.    Bail is urged on the grounds that, there is false implication.

That, there is no overt act attributed to applicant/accused no.2. He

is 64 years of age and he happens to be father of accused no.1

against whom there are allegations of assault. According to learned

counsel for applicant, only role attributed to applicant is that he

instigated his son to carryout assault that too after assault was

actually made. That, there is no recovery to be made at his instance.

That, chargesheet is already filed on 10-04-2026. That, applicant is

behind bars since more than five months. On above grounds, bail is

urged for.



4.    Learned APP as well as learned counsel for informant both

strongly opposed on the grounds that, applicant is named in the FIR

for instigating his son for carrying out assault.   That, accordingly

main accused used axe in inflicting multiples blows, as a result of
                                  {3}                    BA-1116-2026


which one person died.      They both took this Court through the

contents of FIR and would submit that, there is every possibility of

misuse of liberty. On above ground, application is opposed.



5.    Heard. Perused the papers.



6.    FIR dated 11-01-2026 is at the instance of Shaikh Rauf Shaikh

Yasin, who reported that, 15 days back, he had sold four She-goats to

applicant Gangaprasad worth Rs.40,000/- and it was agreed to pay

the amount on 11-01-2026. Accordingly, he claims that, when they

met in Bazar and he demanded price of the She-goats, it is alleged

that, there was abuse by applicant Gangaram to the informant,

hearing which, his nephew Shaikh Faruq Shaikh Ibrahim came there.

At that time, it is alleged that, son of present applicant namely

Manohar, who was armed with an axe, assaulted Faruq on head

causing him grievous injuries. It is revealed from FIR that, thereafter,

present applicant instigated his son to assault both of them, upon

which, it is alleged that informant was also assaulted. Informant’s

nephew injured Faruq was taken to the hospital and at that time FIR

has been registered. It appears that Faruq succumbed to the injuries

and he died due to head injury. There are as many as seven abrasion
                                           {4}                BA-1116-2026


injuries and two puncture wounds on head. Therefore, apparently,

assault is by applicant’s son namely Manohar.             Role attributed to

applicant is of instigation, but sequence of events narrated in FIR

shows that, it is after the actual assault. Applicant is 64 years of age,

investigation is over and chargesheet is said to filed on 10-04-2026.

There is nothing to be recovered from him.

            Consequently, in the light of such role and taking applicant’s

age into consideration, relief as prayed deserves to be granted.

Hence, I proceed to pass the following order:

                                      ORDER


      I.      The application is allowed.


      II.     Applicant - Gangaprasad s/o. Sitaram Pandvir be released
      on bail in connection with Crime No.29 of 2026 registered at
      Aundha Nagnath Police Station, Tq.Aundha Nagnath, District
      Hingoli, on executing Personal Bond of Rs.15,000/- with one
      surety in the like amount, on the following conditions:

      [a]     The applicant shall not tamper prosecution evidence.

      [b]     The applicant shall not enter the village where informant
      resides, till conclusion of trial.


                                                 ( ABHAY S. WAGHWASE )
                                                        JUDGE
SPT

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