Bombay High Court
VITTHAL BHAUSAHEB DIWTE AND OTHERSversusTHE STATE OF MAHARASHTRA
- Disposal
- APPLICATION ALLOWED
- Bench
- ABHAY S WAGHWASE
Holding
The Court allowed the bail application, granting regular bail with conditions.
Summary
The applicants, four members of the Diwte family, were arrested on 2 June 2026 in connection with Crime No. 195 of 2026 for alleged assault on the father of the informant, Tukaram, during a land‑related dispute. The FIR alleges that the accused kicked and struck Tukaram, who had a prior brain hemorrhage, causing him to lose consciousness. The applicants sought regular bail, arguing that the investigation was nearly complete, a charge‑sheet had been filed, and they were willing to comply with any conditions. The State opposed bail, emphasizing the seriousness of assault on a medically vulnerable person and the ongoing investigation. After reviewing the FIR, medical discharge documents, and noting that further investigation could proceed with the accused out of custody, the Court granted bail. The bail was conditioned on a personal bond of Rs. 15,000 with surety, non‑tampering of evidence, staying away from the informant’s residence, and regular attendance at the police station.
Issues considered
- Whether the applicants are entitled to regular bail despite the alleged assault on a person with a prior brain hemorrhage.
- Whether the stage of investigation and filing of charge‑sheet justify release on bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 110, 115(2), 117(2), 126(2), 351(2), 352 r/w 3(5)
Subjects
- bail
- assault
- criminal procedure
- Bharatiya Nyaya Sanhita
- personal bond
- land dispute
- investigation
Judgment
2026:BHC-AUG:26399
BA-1205-2026
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
BAIL APPLICATION NO. 1205 OF 2026
1. Vitthal s/o Bhausaheb Diwte
2. Bhausaheb s/o Bhagaji Diwte
3. Eknath s/o Bhausaheb Diwte
4. Ramdas s/o Jayanta Diwte … Applicants
Versus
The State of Maharashra.
Through Police Inspector,
Sillod (Rural) Police Station,
Taluka Sillod, Dist. Chh. Sambhajinagar. … Respondent
…..
Ms. Pooja Langhe, Advocate for the Applicant.
Mr. S. V. Hange, APP for Respondent-State.
.....
CORAM : ABHAY S. WAGHWASE, J.
RESERVED ON : 06 JULY, 2026
PRONOUNCED ON : 07 JULY 2026
ORDER :-
1. Vide instant application, Applicants are seeking grant of regular
bail on account of their arrest in Crime No.0195 of 2026 registered at
Sillod Rural Police Station, District Chhatrapati Sambhajinagar for
offences punishable under Sections 110, 115(2), 117(2), 126(2),
351(2), 352 r/w 3(5) of the Bharatiya Nyaya Sanhita (BNS).
2. Pointing to the date of arrest as 02.06.2026 learned Counsel
submitted that there is implication in the backdrop of some
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BA-1205-2026
occurrence dated 01.06.2026. The parties happened to be relatives
and immediate neighbors, who have agricultural land adjoining to
each other. She pointed out that allegations are of hurling abuses and
assault by kicks and fist blows on the father of informant, who was
reported to have already suffered a hemorrhage long back. That,
Tukaram is already discharged from the hospital after being treated
for 2-3 days. That, now investigation is almost over and charge-sheet
is also filed. No further recovery is to be made and, therefore, no
further custody of the applicants is necessary. As the applicants are
ready and willing to abide by all the conditions that may be imposed
by this Court, bail is prayed for.
3. Learned APP, who opposed the application, would submit that
there is assault on a person, who has already suffered brain
hemorrhage, of which the applicants were very well aware of.
Therefore, the applicants have been arrested for the aforesaid acts,
and as the investigation is still in progress, the relief of bail is
opposed.
4. Perused the FIR dated 01.06.2026 by one Limbaji Kaduba
Diwte. He reported that adjoining to their land Bhausaheb Bhagaji
Diwte also has agricultural land. That, on 01.06.2026 some activity
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BA-1205-2026
of erecting ridge was being carried out by use of JCB. Accused
persons came, obstructed and then it is alleged that accused persons,
after abusing his brother Tukaram, gave kicks and fist blows near
head and ear, as a result of which he fell unconscious. It is a specific
case of the complainant that accused were aware that Tukaram had
earlier suffered hemorrhage. Discharge card of Tukaram is also placed
on record which shows that he was admitted in Galaxy
Superspeciality Hospital with history of Nausea, Vomiting, Giddiness
and Headache. There is no history of assault. Discharge card shows
that after medication and finding the patient stable, he was
discharged on oral medication.
5. Therefore, taking the said documents into consideration and
prima facie there are allegations of assault by kicks and fists blows in
the backdrop of previous civil dispute, further investigation can be
carried out by securing the presence of applicants, who have been
behind bars since 02.06.2026.
6. Hence, I proceed to pass the following order:
ORDER
I. The application is allowed.
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II. Applicants (1)Vitthal s/o Bhausaheb Diwte, (2)Bhausaheb s/o
Bhagaji Diwte, (3)Eknath s/o Bhausaheb Diwte, (4)Ramdas s/o
Jayanta Diwte, be released on bail in connection with Crime No. 195
of 2026 registered at Sillod Rural Police Station, District Chhatrapati
Sambhajinagar, on executing Personal Bond of Rs. 15,000/- each with
one surety each in the like amount, on the following conditions :
[a] The applicants shall not tamper prosecution evidence.
[b] The applicants shall not enter vicinity where the informant and
his family resides till filing of charge-sheet.
[c] The applicants shall attend the concerned police station thrice
in every week i.e. on every Wednesday, Friday and Monday and
maintain personal diary of their attendance till committal of case and
thereafter, shall regularly attend each and every effective date before
the trial court.
[ABHAY S. WAGHWASE, J.]
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