VISHAL NITIN SHINDEversusTHE STATE OF MAHARASHTRA

P.H. JAYANI                                             05 BA1444.2026.DOC


        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
             CRIMINAL APPELLATE JURISDICTION

                BAIL APPLICATION NO. 1444 OF 2026

Vishal Nitin Shinde                                 ….Applicant
      V/s.
The State of Maharashtra                            .…Respondent


Mr. Rajendra Shirodkar, Sr. Advocate a/w. Mr. Archit Sakhalkar
for the applicant.
Mr. Vinod Chate, APP for the Respondent – State.
Ms. Pooja Londhe, WPSI, V.P. Road Police Station, Girgaon,
Mumbai-4, present.


                           CORAM:        SHYAM C. CHANDAK, J.
                           DATED :       16th SEPTEMBER, 2026

1.        Heard learned Counsel for the parties. Perused the record.
Mr. Chate, the learned APP tendered the final opinion as to the
cause of death of the deceased. It is taken on record and marked
as ‘X’.

2.        The applicant seeks his release on bail in Cr.No.541/2024
registered with V.P. Road Police Station, Mumbai for the offences
punishable under Sections Sections 103(1), 3(5) of Bharatiya
Nyaya Sanhita, 2023 (“BNS”) on the Report dated 24.10.2024
filed by Mr. Subhash Hogle.

3.        The prosecution case is that witnesses Lochan Thapa,
Shakil, Nazi @ Kallu, Ramesh Abuji and Jameel @ Yunus Ansari
(deceased) used to play cards near Sai Co-operative Society, 7
Girgaon. On 21.10.2024, at about 11:30 p.m. to 12:00 midnight,
said witnesses were playing cards at the same place. The deceased
was seated there seeing them playing cards. One Santosh
Kumar(A3)-watchman of the Society came there and, instructed

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P.H. JAYANI                                            05 BA1444.2026.DOC



the witnesses and the deceased to go away. However, they did not
go.     After   sometime,   said   Santosh   Singh   alongwith   the
applicant/A1 and co-accused Mayank Jethwa(A2)           came there.
Santosh Singh assaulted the witnesses by means of a bamboo
stick. The applicant and co-accused Mayank assaulted them by
hand. Ramesh Thapa sustained injury due to the said assault. It is
alleged that Santosh Singh and the applicant also assaulted the
deceased by means of a bamboo stick. On 22.10.2024, at about
3:00 p.m., the deceased was found lying at 10, Khetwadi. Witness
Ramesh Thapa went to him and offered tea-biscuit, but, he did not
eat. At about 6 p.m., the deceased was removed to J.J. Hospital by
the informant and police, where, he died at about 8.30 p.m.
Therefore, the aforesaid crime came to be registered and the
accused persons including the applicant were arrested. The trial
Court refused to release the applicant on bail. Hence, this
application.

4.       Mr. Shirodkar, the learned Senior Counsel for the applicant
submitted that not a single injury sustained by the deceased was
inflicted on vital part of the body. The applicant is not blamed for
the injuries which led to the death of the deceased. After the
incident, the deceased survived for almost 24 hours. In the facts,
this is a case of culpable homicide not amounting to murder. The
applicant is not likely to abscond and tamper with the prosecution
evidence. The applicant has no criminal antecedents. Therefore,
the applicant may be released on bail.

5.       In reply, Mr. Chate, the learned APP submitted that the
applicant along with his co-accused persons assaulted the
deceased by means of a stick and caused him serious injuries
which resulted into his death. No excuse is offered by the applicant


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P.H. JAYANI                                                  05 BA1444.2026.DOC



for the said assault. As such, this is a case of murder and hence,
bail be refused.

6.       I have considered these submissions. It is a matter of record
that the incident occurred at about 11:30 p.m. to 12:00 midnight of
21.10.2024. However, it does not appear that it was a pre-planned
assault on the deceased. Record indicates that, initially, the
deceased was forcefully assaulted by Santosh Singh. As alleged,
then the applicant took that bamboo stick from Santosh Singh and
assaulted the deceased. However, it is not alleged that since
begning the applicant was carrying some weapon to assault. It is
not alleged that, the blows given by the applicant were forceful.
Therefore, it is a matter of trial as to whose blow caused serious
injuries to the deceased which led to his death. The deceased
survived for almost more than 20 hours. Record indicates that,
meanwhile, the deceased moved from the place of the assault to
another place at Khetwadi, which is four lanes away from the spot
as stated by Mr. Shirodkar, the learned Senior Counsel. In view of
these facts and circumstances, whether the applicant had the
intention to cause the death, is also a question of trial.

         The investigation is over. Further detention of the applicant
in jail will not serve any purpose. The applicant has no criminal
antecedents. He is not likely to abscond or tamper with the
prosecution evidence. The applicant is in service. Mr. Shirodkar,
the learned Senior Counsel submitted that the applicant’s entire
family is depending upon him. Therefore, I am inclined to allow
this Application. Hence, Order :-

         (i)   The applicant – Vishal Nitin Shinde be released on
         bail in Cr.No.541/2024 registered with V.P. Road Police



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P.H. JAYANI                                               05 BA1444.2026.DOC



         Station, Mumbai, on his executing a P.R. Bond in the sum of
         Rs.50,000/- with one or two sureties in the like amount.
         (ii)   The applicant shall mark his attendance at V.P. Road
         Police Station, Mumbai on 1st day of a calender month
         between 11:00 a.m. to 2:00 p.m., every three months, till
         conclusion of the trial.

         (iii) The applicant shall regularly attend the proceedings
         before the jurisdictional Court.

         (iv)   The applicant shall not tamper with the prosecution
         evidence and shall not directly or indirectly influence upon
         the prosecution witnesses to prevent them from deposing
         against him.

         (v)    On being released from jail, the applicant shall
         furnish his contact number and residential address to the
         Investigating Officer and shall keep him updated, in case
         there is any change.

         (vi)   The applicant shall not indulge in identical activities
         for which he has been arraigned in this case.

         (vii) It is clarified that any observation made in the present
         Order are for the purpose of deciding this Bail Application.
         The trial Court should not get influenced by any of the said
         observations and decide the said case on its own merit.

7.       At this stage, as requested by Mr. Shirodkar, the learned
Senior Counsel, the applicant is granted two weeks time to furnish
the surety. Till then, the applicant be released on bail on his
executing a P.R. Bond in the sum of Rs.50,000/- and depositing a



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                      P.H. JAYANI                                              05 BA1444.2026.DOC



                      sum of Rs.50,000/- in lieu of furnishing the surety. On furnishing
                      such surety/ies, the amount of Rs.50,000/- shall be returned.

                      8.       Bail Application stands disposed of in aforesaid terms.



                                                       (SHYAM C. CHANDAK, J.)
  PREETI
  HEERO
  JAYANI
Digitally signed by
PREETI HEERO
JAYANI
Date: 2026.09.18
14:48:46 +0530




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