SHIVAJI RANJI DALVEversusTHE STATE OF MAHARASHTRA

2026:BHC-AUG:40108
                                                                         901ba1698-26

                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                             901 BAIL APPLICATION NO. 1698 OF 2026

                                   Shivraj s/o Ranjit Dalve
                                           VERSUS
                                  The State Of Maharashtra
                                              ...
            Ms. Pratiksha S. Magre h/for Mr. Manish D. Godhamgaonkar, Advocate
            for the Applicant
            Mr. S. G. Gaikwad, APP for the Respondent-State

                                    CORAM : HITEN S. VENEGAVKAR, J.
                                      Dated : 2nd September, 2026
            PER COURT :-


            1.       Heard learned Advocate for the applicant and learned APP for

            the State.


            2.       By the present application, the applicant is seeking regular bail

            in connection with Crime No. 356 of 2026, registered with

            Bhagyanagar Police Station, Dist. Nanded for the offences punishable

            under Sections 3/25 and 7/25 of       the Indian Arms Act, 1959. The

            present applicant came to be arrested on 07.07.2026 and since then, he

            is in custody.


            3.       The prosecution story, in brief, is that, the informant, who

            happened to be a Police official, attached to local crime branch of

            Nanded, alleged that on 07.07.2026, during the combing operation,

            which was undertaken by the superior police officials, in order to

            ascertain as to the suspects who are likely to commit offence against

            the body or property. In the said operation, the present police official

                                                                                 1 of 4
                                                              901ba1698-26


received a discreet information that two persons in the market are

trying to sell a pistol. Acting upon the said information, the Police party

carrying combing operation visited the spot and accosted the present

applicant and one another co-accused by name                Sarmokhsingh

Jagatsingh Ramgadiya. When the search of the present applicant was

carried out, he was found in possession of a country made pistol with

magazine without any bullet. Similar arm was also recovered from the

possession of Sarmokhsingh Ramgadiya. Necessary Panchanama of

recovery of the weapon and also in respect of the conducted raid was

carried out. The offence was registered and the present applicant was

arrested and produced before the learned Magistrate. During

investigation, it is revealed that the present applicant and co-accused

informed that the country made pistol was obtained by them from

Balaji Sangle, who is also made as co-accused in the present offence.


4.       The learned Advocate for the applicant submits that the

applicant does not have any criminal antecedent and the applicant is

falsely implicated in the alleged offence.     The recovery of pistol is

alleged to have already been completed and there is no necessity of the

applicant to be continued in jail custody.      He also argues that the

person from whom the alleged weapon was purchased has also been

named by the present applicant and thus, due to the cooperation of the

present applicant, co-accused have been arrested.        He submits that

though the prosecution alleges the application of Section 7 of the Arms

Act, the minimum punishment prescribed for the offence under Section


                                                                      2 of 4
                                                            901ba1698-26


7 is seven years, and this is not a case where the prosecution can

achieve a conviction punishable up to 14 years. In such a situation,

further custodial interrogation or custody is not necessary. Therefore,

the present applicant be released on bail.


5.        Per contra, the learned APP submits that the offences alleged

are of serious nature. The applicant was arrested on the spot with the

illegal weapon in possession.     Panchanama clearly shows that the

applicant was in illegal possession of the weapon and he was

attempting to sell the same in the open market without any licence. He

submits that, as the applicant was found in acquisition and possession

of the deadly weapon, Section 7 has been attracted, which is

punishable with imprisonment for a maximum term of 14 years. The

investigation is still in progress and, therefore, the applicant does not

deserve to be released on bail.


6.        I have heard both the Advocates and have also perused the

documents annexed to the application. There is no dispute that the

record reveals arrest of the present applicant on the spot alongwith

weapon.     However, the weapon was recovered along with the

magazine, which was empty, and no bullets were found in the

possession of the present applicant. The offences which are alleged

against the present applicant, therefore, have the least possibility to

stand for achieving a conviction for 14 years, subject to whatever the

investigation has revealed.



                                                                    3 of 4
                                                                         901ba1698-26


            7.        Taking into consideration that the applicant has no criminal

            antecedents and the fact that the applicant has been in jail since

            07.07.2026,     I am of the opinion that apprehension of the learned

            prosecutor that the applicant will not attend and cooperate the trial or

            indulge in hampering or tampering the prosecution witnesses can be

            taken care of by imposing strict conditions while releasing the applicant

            on bail. Hence, the following order:

                                                  ORDER


            (i)   The Bail Application is allowed.

            (ii) The Applicant Shivraj Ranjit Dalve, in connection with Crime
                  No. 356 of 2026, registered with Bhagyanagar Police Station,
                  Dist. Nanded for the offences punishable under Sections 3/25
                  and 7/25 of the Indian Arms Act, 1959 be released on bail on
                  furnishing personal bond of Rs.50,000/- (Rupees Fifty
                  Thousand only)/- with one or two sureties of the like amount.

            (iii)) The Applicant shall attend the concerned police station once
                  in a week till the charges are framed.

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

            (iv) The applicant shall furnish his mobile/cell number and address
                  to the investigating officer.




                                                           (HITEN S. VENEGAVKAR, J.)
JPChavan`



                                                                                  4 of 4