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Bombay High Court

SACHIN SARJERAO CHAVANversusTHE STATE OF MAHARASHTRA

Disposal
APPLICATION ALLOWED

Holding

The court allowed the bail application, granting regular bail to the applicant with conditions.

Summary

Sachin Sarjerao Chavan was arrested on 17‑Nov‑2024 for assaulting an informant who later died of septicemia following facial bone fractures. The prosecution alleged that Chavan struck the victim with a stone, causing serious injuries, while the post‑mortem indicated death was due to infection rather than the injuries. Three co‑accused had already been released on bail, and Chavan’s counsel argued parity and that his role did not cause the death. The State contended that Chavan played an active role in the assault and that bail should be denied. After examining the charge‑sheet, injury certificate, and post‑mortem report, the court found no direct link between Chavan’s alleged assault and the cause of death and, noting the lack of trial progress, granted regular bail with conditions.

Issues considered

  • The applicability of bail in a serious offence involving assault leading to death under the Bharatiya Nyaya Sanhita, 2023.
  • Whether the applicant’s alleged role in the assault is sufficient to deny bail despite the cause of death being septicemia.
  • Whether parity with co‑accused who were granted bail warrants the same relief for the applicant.

Legislation cited

Subjects

  • bail
  • assault
  • homicide
  • cause of death
  • parity
  • post‑mortem
  • Bharatiya Nyaya Sanhita
  • Maharashtra Police Act
  • criminal procedure

Judgment

                                 1                      958BA1240.2026.odt

          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     BENCH AT AURANGABAD

                 958 BAIL APPLICATION NO. 1240 OF 2026

                         Sachin Sarjerao Chavan
                                 VERSUS
                        The State Of Maharashtra
                                     ...
Miss Sakshi S. Dushing h/f Mr. Rahul R. Karpe - Advocate for Applicant
Mr. V. K. Kotecha - APP for the State
                                     ...

                          CORAM :     HITEN S. VENEGAVKAR, J.
                          DATED :     23RD SEPTEMBER, 2026

PER COURT :

1.           Heard the learned Advocate for the Applicant and the

learned APP for the State. With their able assistance, I have perused the

entire investigation report.


2.           The present Application seeking regular bail is filed by the

Applicant, who came to be arrested on 17.11.2024, in connection with

Crime No. 1213 of 2024 registered with Tofkhana Police Station,

Ahmednagar, for the offences punishable under Sections 118(1), 115(2),

324(4), 189(2), 190, 352, 351(2), 351(3), 191(2), 191(3) of the

Bharatiya Nyaya Sanhita, 2023, and Sections 37(1), 37(3) and 135 of

the Maharashtra Police Act, 1951, and subsequently added offence

under Sections 103(1), 103(2) and 118(2) of the Bharatiya Nyaya

Sanhita, 2023.


3.           The prosecution case, in brief, pertains to the incident
                                2                       958BA1240.2026.odt

which took place on 02.11.2024 at about 08:00 p.m., while the

Informant was sitting near the temple situated near Kondya Mama

Chowk. It is alleged that the present Applicant, along with the other co-

accused persons, who happened to be relatives of the Informant, came

there on a motorcycle and took the Informant-Deceased under the

pretext of accompanying them for taking money from the brother of one

of the co-accused, namely, Anil Chavan. It is alleged that, as the

Applicant and the co-accused were related to and known to the

Informant, he accompanied them on their motorcycle. It is alleged that,

suddenly, the original accused No. 3 stopped the motorcycle near one

Bamboo Shop situated on the Ahilyanagar to Chhatrapati Sambhajinagar

Road, and thereafter, all the accused persons, including the Applicant,

started abusing and assaulting the Informant-Deceased. Each accused

person allegedly assaulted the deceased with different kinds of weapons.

As far as the present Applicant is concerned, it is alleged that he

assaulted the Informant-Deceased by picking up a stone lying on the

roadside and inflicted serious blows on the head and back of the

Informant-Deceased, thereby causing injuries. The Informant-Deceased

was thereafter taken to the hospital and admitted for treatment. As he

was conscious, his statement came to be recorded by the Police, and the

said statement was treated as the First Information Report.


4.          The record further indicates that, while taking treatment in

the hospital, the Informant succumbed to the injuries. Post-mortem was
                                    3                   958BA1240.2026.odt

conducted, and the report mentions the cause of death as “Septicemia in

a case of facial bone fractures”. It also makes reference to the cause of

death as “Infection of the blood by poisonous bacteria”. The incident

took place on 02.11.2024. The Informant-Deceased was taking

treatment in the hospital till 13.11.2024 and, in the hospital itself, he

succumbed to the injuries. The offence was converted into an offence

under Section 103 of the BNS, and the Applicant came to be arrested on

17.11.2024.


5.            Before proceeding to appreciate the role of the present

Applicant, it is necessary to mention that, in all, there are five accused

persons, including the Applicant, out of whom three accused persons

have been released on bail.


6.            The learned Advocate for the Applicant submits that the

Applicant has been in custody since 17.11.2024 and, till date, the trial

has not commenced. She further argues that the other three accused

persons have been released on bail and that the role attributed to the

present Applicant is on par with that attributed to the co-accused who

have been released on bail. She thus claims parity and prays for the

release of the present Applicant.


7.            In addition to the aforesaid submissions, the learned

Advocate for the Applicant also argues that the role attributed to the

present Applicant is to have assaulted the Informant-Deceased with the
                                  4                       958BA1240.2026.odt

aid of a stone lying on the road. The alleged assault was caused on the

head and back of the Informant-Deceased. The cause of death clearly

specifies that the death is not due to the injuries but is due to

‘Septicemia in a case of facial bone fractures’ and due to ‘Infection of the

blood by poisonous bacteria’. There seems to be a case of medical

negligence or medical complications, however, according to her, the

injuries inflicted due to the assault by the present Applicant are not

responsible for the death of the deceased. She relies upon the order

passed by this Court in the case of the co-accused, namely, Pravin

Subhash Pawar, wherein the Court had taken into consideration the

specific role attributed to the said accused and had thereafter observed

that the death was not due to the injury caused by the said accused and,

therefore, had released him on bail. She further submits that the post-

mortem report does not indicate that any serious injuries were caused to

the head or back of the deceased. She, therefore, submits that the

present Applicant, who has been in custody since 17.11.2024, deserves

to be released on bail.


8.           The learned APP vehemently opposes the said Application.

He argues that the offence is serious and that the present Applicant has

played an active role in the entire offence right from its initiation. He

submits that the present Applicant has involved himself in misleading

the Informant-Deceased to accompany them and, after taking him to a

lonely place, all the accused persons assaulted him. He further argues
                                  5                      958BA1240.2026.odt

that the specific role of assault with the aid of a stone has been assigned

to the present Applicant and that grievous and serious injuries were

caused due to the assault inflicted by the present Applicant. He, thus,

argues that the present Applicant does not deserve to be released on bail

and that the Application be rejected.


9.           The learned APP further argues that the Injury Certificate,

which was issued first in time, notes that there is a fracture to the scalp

of the deceased. He further submits that the order granting bail to the

co-accused, Pravin Subhash Pawar, categorically makes a reference to

the role played by the present Applicant by holding that the assault was

caused on a vital part by the present Applicant with the aid of a stone.

He thus submits that this is not a case of parity. In view of the material

available on record and the direct involvement and role attributed to the

present Applicant, the bail application be rejected.


10.          I have considered the submissions canvassed by the learned

Advocate for the Applicant and the learned APP for the State and have

also perused the documents placed on record by way of the charge-

sheet, as well as the orders passed granting bail to the other co-accused

persons. No doubt, the offence alleged against the present Applicant is

serious, and the First Information Report clearly mentions the role

attributed to the present Applicant. The present Applicant has been

shown to be involved not only in accompanying the assailants but has
                                 6                       958BA1240.2026.odt

also actively played a role in inflicting injuries on the head and back of

the deceased Informant with the help of a stone lying on the roadside.

Taking into consideration the role assigned to the present Applicant, the

documents placed on record by the Investigating Officer need to be

scrutinized. The important piece of evidence found in the charge-sheet is

the post-mortem report, which clearly indicates that the cause of death

is due to “Septicemia in a case of facial bone fractures” and “Infection of

the blood by poisonous bacteria.”


11.          Taking into consideration the individual role attributed to

each of the accused, the allegation of assault on the facial bone or face

of the Informant is against one Sachin Pawar, who is in custody. It is also

necessary to observe that Column No. 17, which makes reference to

surface wounds and injuries, clearly mentions that the injuries caused on

the head are healed. In Column No. 19, pertaining to the internal

examination of the head, there are no injuries to the head of the

deceased.   Having regard to the role that has been assigned to the

present Applicant, the post mortem report, and the fact that there has

been no recovery of the stone by the Investigating Agency, at this stage,

prima facie, I am inclined to enlarge the present Applicant on bail for

the aforesaid reasons, coupled with the fact that the Applicant has been

in custody since 17.11.2024 and there has been no progress towards the

commencement of the trial till date.
                                 7                      958BA1240.2026.odt

12.          As far as the trial is concerned, the learned APP submits

that the charge has been framed and summons has been issued to one

witness. Be that as it may, the trial has not proceeded till date and,

therefore, further custodial interrogation or further custody of the

Applicant is unwarranted. Hence, I pass the following order:


                                 ORDER


      [i]    The Bail Application No. 1240 of 2026 is allowed.


      [ii]   The Applicant, Sachin Sarjerao Chavan, be released on

             regular bail on furnishing P.R. bond of Rs.50,000/- (Rupees

             Fifty Thousand) with one or two solvent sureties in the like

             amount, in connection with Crime No.1213/2024 registered

             with Tofkhana Police Station, District Ahmednagar for the

             offences punishable under Sections 118(1), 115(2), 324(4),

             189(2), 190, 352, 351(2), 351(3), 191(2) and 191(3) of

             Bharatiya Nyaya Sanhita, 2023 and Section 37(1), 37(3)

             and 135 of Maharashtra Police Act, 1951 and subsequently

             added sections 103(1), 103(2) and 118(2) of Bharatiya

             Nyaya Sanhita, 2023, on the following conditions :


             (a)    The Applicant is directed to attend the concerned
                    police station and report to the concerned Police
                    Station Tofkhana, Ahiyanagar on every Monday
                    between 12:00 hrs and 14:00 hrs., till framing of
                    charge.
                                                                  8                      958BA1240.2026.odt

                                              (b)    The Applicant shall reside outside Ahilyanagar
                                                     District till the framing of charge, except for the
                                                     purpose of attending the concerned Police Station
                                                     on every Monday between 12:00 hrs. and 14:00
                                                     hrs., as directed under condition (a) above, and
                                                     the date of the Trial Court as directed under
                                                     condition (c) below.

                                              (c)    The Applicant shall attend each and every date of
                                                     the Trial Court without fail unless exempted by
                                                     the Trial Court on emergent consideration.

                                              (d)    The Applicant shall not pressurize the
                                                     prosecution witnesses and shall not tamper with
                                                     the prosecution evidence, in any manner.

                                              (e)    The Applicant shall submit their Aadhar and Pan
                                                     Card to the Investigating Officer and detailed
                                                     addresses and phone numbers of applicants and
                                                     two of the near relatives.

                                              (f)    Single violation of the above conditions on the
                                                     part of the applicant would entitle the
                                                     prosecution to seek cancellation of bail.


                                      [iii]   Bail Application stands disposed of.




                                                                         [ HITEN S. VENEGAVKAR ]
                                                                                  JUDGE

                             SG Punde




Signed by: Sandeep Gulabrao Punde
Designation: PS To Honourable Judge
Date: 29/09/2026 12:56:04


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