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Bombay High Court

SHIVSHANKAR RAMESH MAHATOversusTHE STATE OF MAHARASHTRA

Disposal
APPLICATION ALLOWED

Holding

The court held that, given the applicant’s limited participation, lack of a distinct fatal blow, and the release of a co‑accused, bail should be granted.

Summary

The applicant, Shivshankar Ramesh Mahato, sought regular bail in a case (Crime No. 87 of 2026) arising from a violent incident at Komal Farsan Mart Hotel where the deceased, under the influence of alcohol and armed with a hammer, assaulted patrons and later died from head injuries. The prosecution alleged that the applicant, identified by a red shirt in video footage, participated in bringing the deceased down, contributing to the assault that led to the fatal injury. The defence argued that the incident was not premeditated, the applicant did not wield a weapon, and no specific fatal blow could be attributed to him; they also highlighted his clean record and the bail of a co‑accused. The court examined the video, eyewitness statements, and medical evidence, noting conflicting accounts of how the head injury occurred and the applicant’s limited role. Concluding that the material did not justify continued pre‑trial detention, the court granted bail with conditions, emphasizing that the final determination of guilt rests with the trial court.

Issues considered

  • Whether the applicant’s participation, as shown in video evidence, attracts liability under Section 190 of the Bharatiya Nyaya Sanhita, 2023.
  • Whether the applicant’s role justifies denial of bail despite the seriousness of the charge.
  • Whether the existence of a common object and unlawful assembly can be established against the applicant.
  • Whether the applicant poses a risk of absconding or tampering with evidence.

Legislation cited

Subjects

  • bail
  • Section 103
  • Section 190
  • unlawful assembly
  • pre‑trial detention
  • video evidence
  • accidental death
  • Maharashtra

Judgment

2026:BHC-AUG:42610
                                              -1-
                                                                   56-BA-1412-2026

                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               BENCH AT AURANGABAD

                            BAIL APPLICATION NO. 1412 OF 2026

                             SHIVSHANKAR RAMESH MAHATO
                                        VERSUS
                              THE STATE OF MAHARASHTRA

                                              .....
              Advocate for Applicant : Ms. Sakshi S. Dushing h/f. Mr. Sanjay B.
              Dushing
              APP for Respondent - State : Mr. K. K. Naik
                                              .....

                                         CORAM : HITEN S. VENEGAVKAR, J.
                                         DATED : 15th SEPTEMBER 2026
              PER COURT :


              1.         The present application is filed by the applicant seeking

              regular bail in connection with Crime No. 87 of 2026 registered

              with Ahilyanagar Taluka Police Station, Dist. Ahilyanagar. The

              offences alleged against the present applicant are mainly

              punishable under Section 103(1) of the BNS. The applicant came to

              be arrested on 12th February, 2026, and since then, he has been in

              custody.



              2.         The prosecution case, in brief, is that on 6th March

              2025, at about 9:00 a.m., the deceased Mitthu Datt, while under

              the influence of liquor and armed with an iron hammer, went to

              Komal Farsan Mart Hotel, near the VRDE gate, at Arangaon. He
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                                                      56-BA-1412-2026

allegedly damaged the glass counter and other articles in the hotel

and threatened the persons present there. The material collected

during the investigation further shows that the deceased assaulted

one Dattatrey Garad and elderly customer who had arrived there

with his wife, by giving him a hammer blow on his head, and also

damaged his motorcycle. Thereafter, the deceased went towards

his fabrication shop. The women and workers of the hotel had

already engaged in an altercation. It is alleged that the deceased

was caught, brought down and assaulted by the accused persons.

He sustained head injuries and was initially admitted to Pacific

Super Speciality Hospital at Aliyanagar. He was subsequently

shifted to Sassoon General Hospital, Pune, by his relatives, where

he died during treatment on 23rd March, 2025. The post-mortem

report records the cause of death as complications following head

injury. Initially, the prosecution report suggests that an accidental

death bearing A.D. No. 39 of 2025 was registered on 29th March

2025. The enquiry was subsequently transferred to the Police

Inspector, Supa Police Station. During the course of the enquiry,

two video clips recorded on a mobile phone were secured. On the

basis of the statements of the witnesses, the video clips and the

medical material, the present crime came to be registered on 11 th

February, 2026 against the owner of the hotel, accused Javed

Attar and three workers of the establishment. The present
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                                                      56-BA-1412-2026

applicant was not named in the FIR, but is alleged to be the person

wearing a red shirt in the video recording.



3.         Learned Advocate for the applicant submitted that the

occurrence was neither premeditated nor the result of any

previous enmity. The deceased himself initiated the incident by

damaging the property and indiscriminately threatening and

assaulting persons with the hammer. The persons present there

attempted to disarm and restrain him. It was submitted that no

weapon is attributed to the applicant and there is no allegation that

he delivered any blow on the head or any vital part of the deceased.

The role emerging from the video recording is that the applicant

and another worker brought the deceased down while the hammer

was being taken away from him.



4.         Attention was invited to the statement of Yogesh

Shinde, the brother-in-law of the deceased, according to whom the

deceased slipped, his foot got entangled near a tree enclosure, and

he fell from a cement slab covering the drain. It was further

submitted that co-accused Bhausaheb, the owner of the hotel, has

already been released on bail. The investigation is complete.

Nothing remains to be recovered from the applicant. He has no

criminal antecedents and his further detention is not necessary.
                                 -4-
                                                      56-BA-1412-2026




5.         Learned APP opposed the application and submitted

that the live video and the panchnama show the active

participation of the applicant. The applicant was wearing a red-

coloured T-shirt and along with another worker, was seen bringing

the deceased down. Thereafter, the deceased was assaulted. Mr.

Vinod Sonawane, who is an eyewitness and who recorded the video

of the entire incident, has stated that two or three persons

assaulted the deceased after he was brought down. The medical

material shows that the deceased sustained a serious head injury

and ultimately died as a consequence thereof. The learned APP,

therefore, submitted that the applicant was a member of the

unlawful assembly and having referred to Section 190 of the BNS,

submitted that the absence of an individual overt act would not

exonerate him. He therefore prayed for rejection of the application.



6.         I have heard the learned Advocates for the parties and

have also gone through the entire investigation material. The

material at the present stage of bail is being considered for a very

limited purpose. Undoubtedly, the video recording and the

statements relied upon by the prosecution indicate that the

presence and participation of the applicant in the occurrence

cannot be disregarded merely on the ground that his name was not
                                  -5-
                                                     56-BA-1412-2026

mentioned in the FIR. At the same time, the nature and degree of

his participation, the circumstances in which the incident has

taken place, and the material concerning the fatal injury requires

consideration.



7.          Prima facie, the incident was not planned. The material

collected by the prosecution itself shows that the deceased arrived

armed with a hammer, damaged the furniture and has also

threatened the persons present, and inflicted a hammer blow on

the head of an unrelated elderly person. The accused persons

thereafter followed the deceased and attempted to take the

hammer away from him. The video recording attributes to the

present applicant, who is identified by the red shirt that he was

wearing, the act of joining another worker in bringing the deceased

down is also one of the circumstance that can be attributed to the

present applicant. No weapon is seen in the hand of the present

applicant or in any case, no specific blow on the head or any other

vital part is attributed to the present applicant.



8.          There are different versions concerning how the head

injury was sustained. The eye-witness Vinod Sonawane states that

the deceased was brought down and assaulted by two or three

persons. On the other hand Yogesh Shinde, who is related to the
                                  -6-
                                                       56-BA-1412-2026

deceased and who claims to have witnessed the occurrence, stated

during the accidental death enquiry that, while the hammer was

being snatched, the deceased’s foot got entangled near the tree

enclosure and he fell on the cement slab covering the drain. He

thereafter stated that he had no complaint against anyone

concerning the death. The medical evidence establishes a serious

head injury and is causally connected with the death. However,

whether that injury was caused by a direct act of assault or by the

deceased being brought down, or by an accidental fall during the

scuffle is a matter which will have to be determined at the time of

trial. A fall on a cement surface would itself involve blunt force. At

this stage, the medical material does not attribute the fatal injury

to any identified act of the present applicant. Thus, the

applicability of Section 190 of the BNS and the existence and scope

of the alleged common object will necessarily be examined at the

time of trial. Nevertheless, for the limited purpose of bail, the

circumstances preceding the occurrence and the sudden nature of

the episode along with the absence of any weapon with the

applicant, and the absence of a distinct fatal blow attributed to the

present applicant are material considerations which can be taken

while deciding the application for bail.



9.         The co-accused Bahusaheb Nangare, who is the owner
                                 -7-
                                                      56-BA-1412-2026

of the hotel and who is also shown in the video as having

participated in the occurrence, has been released on bail by the

learned Sessions Court on 29th May 2026. Though, parity cannot be

applied mechanically and the role of every accused has to be

separately examined, the release of the co-accused is however, a

relevant circumstance. Even on an independent assessment, the

role attributed to the present applicant does not justify his

continued pre-trial detention after completion of the investigation.



10.        The applicant is in custody since 12 th February, 2026.

The charge-sheet has already been filed and his further custodial

interrogation is not required. No recovery is to be effected from

him. He has no criminal antecedents. The possibility of his

absconding or interfering with the evidence can adequately be

addressed by imposing appropriate conditions.


11.        Another aspect that requires consideration is that the

applicant is a permanent resident of the State of Bihar and had

come to Ahilyanagar only for the purpose of employment. It is

submitted by the learned Advocate for the applicant that the

applicant’s relatives are also residing in Ahilyanagar and have

premises on rent. Though the applicant is not found to be a

permanent resident of Ahilyanagar or a domicile of the State of
                                     -8-
                                                        56-BA-1412-2026

Maharashtra, appropriate conditions can still be imposed to secure

his presence at the time of trial.


12.          Thus, taking into consideration the seriousness of the

charge and the material against the present applicant, I am

inclined to allow the present application. Hence, the following

order :

                                ORDER

(i)    The Bail Application is allowed.


(ii)   The applicant shall be released on bail in Crime No. 87 of
       2026 registered with Ahilyanagar Taluka Police Station, Dist.
       Ahilyanagar, for the offences punishable under Sections
       103(1), 189(2), 190, 191(2) and 191(3) of the Bharatiya
       Nyaya Sanhita, 2023, on furnishing a personal bond of Rs.
       50,000/- (Rupees Fifty Thousand only) with one or two local
       solvent sureties in the like amount, subject to the following
       conditions :

       a)    The applicant shall attend the concerned police station
             on the first Monday and the third Monday of every
             month between 10:00 a.m. and 02:00 p.m. till framing
             of charge and thereafter shall regularly attend each
             and every effective date before the trial court.

       b)    The applicant shall not, directly or indirectly, contact,
             threaten, induce or influence the informant or any
             prosecution witness and shall not tamper with the
             prosecution evidence.
                                     -9-
                                                               56-BA-1412-2026




          c)   The applicant shall furnish their current residential
               address and mobile number to the Investigating Officer
               and the Trial Court within seven days of release,
               intimate   any   change      forthwith,   and     attend   the
               Investigating Officer upon prior written notice if further
               investigation is required.


          d)   The applicant shall not leave the State of Maharashtra
               without prior permission of the trial Court and shall
               surrender his passport, if any, before the trial Court.


          e)   The applicant shall not involve himself in any offence of
               a similar nature while on bail.


          f)   Breach of any of the above conditions shall entitle the
               prosecution to apply for cancellation of bail.


          g)   All observations in this order are prima facie and
               confined to the decision of this bail application. The trial
               Court shall decide the case independently on the
               evidence led before it.


(iii) The Bail Application is disposed of in the above terms.



                                            (HITEN S. VENEGAVKAR)
                                                   JUDGE
Tandale


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