Bombay High Court

ADHIK PANDURANG TAMBAVEKARversusTHE STATE OF MAHARASHTRA AND ANR.

Disposal: Allowed
Bench: SACHIN SHIVAJIRAO DESHMUKH

Holding

The Court granted bail to the petitioner subject to a personal bond and specific conditions.

Summary

The petitioner, Adhik Pandurang Tambavekar, applied for regular bail in a case registered under Sections 109, 85, 333 and 351(3) of the Bhartiya Nyaya Sanhita, 2023, alleging that the incident was a spur‑of‑the‑moment assault and that the investigation is complete with a charge‑sheet filed and the victim discharged. The State opposed bail, contending that the offence was pre‑meditated, involved grievous injuries with a sharp weapon, and therefore the petitioner should not be released. The Court noted the likelihood of a protracted trial given the number of prosecution witnesses and, after weighing the risk of witness tampering, decided that bail could be granted with stringent conditions. The Court imposed a personal bond of Rs.50,000 with two local sureties and directed the petitioner to refrain from influencing witnesses, attend every trial date, and furnish identity documents. The bail was ordered to be released subject to cancellation if any condition is breached.

Issues considered

Whether bail should be granted in a case involving alleged pre‑meditated assault causing grievous injuries under the Bhartiya Nyaya Sanhita.
Whether the risk of witness tampering or evidence interference justifies denial of bail.
Whether the anticipated length of trial and number of witnesses warrant the exercise of discretion in favour of bail.

Legislation cited

Bhartiya Nyaya Sanhita, 2023 — s. 109, 333, 351(3), 85

Subjects

bail
criminal procedure
premeditated assault
grievous injury
witness tampering
personal bond
court discretion

Judgment

4-BA-154-2026 (CR)sp.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION

CRIMINAL BAIL APPLN. NO. 154 OF 2026

Adhik Pandurang Tambavekar
Vs.
The State Of Maharashtra & Anr.

Mr. Ramanik Pawar a/w Ms. Prajkta Bhilugade i/b Mr. Amit
Waykool Advocate for Petitioner
Mr. P. P. Deokar, APP for the Respondent-State.

CORAM : SACHIN S. DESHMUKH, J.
DATE : 28th APRIL, 2026.

P. C. :

1. By this Application, the Applicant is seeking regular bail in

connection with C.R. No. 08/2025 dated 12/01/2025 registered

with Kadegao Police Station, District: Sangli for offences punishable

under Sections 109, 85, 333, 351(3) of the Bhartiya Nyaya Sanhita,

IRESH
MASHAL 2023.
Digitally
signed by
IRESH
MASHAL
Date:
2026.05.08
2. Learned counsel for the Applicant submits that the alleged
17:39:32
+0530

incident has taken place at the spur of the moment. Investigation is

completed and charge-sheet is filed and even the injured is

discharged from the hospital. There is no progress in trial.

Considering the the length of incarceration, the Applicant deserves

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to be admitted to the bail.

3. Per contra, learned APP opposed the Application submitting

that the act of the Applicant is rather pre-meditative and

considering the number of injuries inflicted on the injured by the

Applicant with a sharp weapon and injuries being grievous one,

disentitles the Applicant to be admitted to the bail.

4. Upon considering the submissions of the learned counsel for

the Applicant and learned APP and perusal of material on record,

prima facie it appears that the alleged incident has occurred at the

spur of moment. Investigation is completed and charge-sheet is

filed.

5. Considering the number of witnesses which the prosecution

proposes to examine, there is every likelihood that the trial will take

its own time to commence and conclude in the near future. In that

view of the matter, I am persuaded to exercise the discretion in

favour of the Applicant.

6. So far as the apprehension expressed by the learned APP

about tampering prosecution witnesses can be adequately taken

care by imposing stringent conditions.

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7. Hence, following order:

ORDER

I. The bail application is allowed.
II. Applicant, Adhik Pandurang Tambavekar be released on bail,
on furnishing P.R. bond in the sum of Rs.50,000/- (Rs.Fifty
Thousand) with one or two local solvent sureties, in the like
amount, in connection with C.R. No. 08/2025 dated
12/01/2025 registered with Kadegao Police Station, District:
Sangli for offences punishable under Sections 109, 85, 333,
351(3) of the Bhartiya Nyaya Sanhita, 2023, on the
following conditions :-

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

(b) The applicant shall attend the trial on each and
every date unless exempted by the trial Court.

(c) The applicant shall submit Aadhar and Pan Cards
to the Investigating Officer and detailed address and
phone numbers and two of the near relatives.

(d) In case of breach of any of the conditions by the
applicant, it is open for the Prosecution to move the
concerned Court seeking cancellation of bail,
notwithstanding the fact that this Court has granted
bail to the Applicant.

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8. Needless to state that the observations rendered herein are to

the extent of this application and the trial Court shall not be

influenced by the same.

[SACHIN S. DESHMUKH, J.]

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