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Bombay High Court

MANGESH VINODRAO LOLGEversusTHE STATE OF MAHARASHTRA

Disposal
APPLICATION ALLOWED

Holding

The court held that the prosecution failed to demonstrate the requisite intent to sell, so Section 3(8) does not apply and bail was granted.

Summary

Mangesh Vinodrao Lolge was arrested on 12 July 2026 for alleged possession of a country‑made pistol and alleged intent to sell it, invoking Sections 3/25 and 7/25 of the Indian Arms Act, 1959. The prosecution relied on information from a police constable but offered no concrete evidence that the pistol was being sold, noting only that a single un‑loaded weapon was recovered. The defence argued that the lack of ammunition and the absence of any corroborative proof of sale meant Section 3(8) of the Arms Act did not apply, and that the applicant had already spent considerable time in custody. The court examined the factual record, found the prosecution’s case speculative, and noted that the charge‑sheet was yet to be filed. Consequently, the bail application was allowed, subject to a personal bond and reporting conditions.

Issues considered

  • Whether the facts disclosed establish the applicability of Section 3(8) of the Indian Arms Act, 1959 (possession of an unlicensed firearm with intent to sell).
  • Whether bail should be granted to the accused pending filing of the charge‑sheet.

Legislation cited

Subjects

  • bail
  • Arms Act
  • illegal possession
  • intent to sell
  • Section 3(8)
  • pre‑charge‑sheet detention
  • criminal procedure

Judgment

                                                            RB45BA1741-26

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                 45 BAIL APPLICATION NO. 1741 OF 2026

                      Mangesh Vinodrao Lolge
                              VERSUS
                      The State Of Maharashtra
                                 ...
Mr. Mundik Someshwar Manikrao, Advocate for Applicant
Mrs. A. S. Deshpande,APP for Respondents

                         CORAM : HITEN S. VENEGAVKAR, J.
                           Dated : 21st 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. 366 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

applicant came to be arrested on 12.07.2026 and since then, he is in

custody.


3.         It is the case of the prosecution that on the basis of

information received from one Police Constable by name Dasare,

attached to Local Crime Branch Police Station, Nanded, the applicant

was accosted and searched, wherein, one country made pistol was

found in possession of the present applicant. The FIR alleged that on

12.07.2026, while the informant was on patrolling duty along-with

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other police staff, accosted the present applicant. He was found in

possession of the country made pistol and it was further alleged that

he was proceeding for conducting sale of the said pistol. During

investigation, it transpired that the said pistol was purchased by the

applicant from one Balaji Sangle of Nanded. The said Balaji Sangle

was arrested and presently he is in custody.


4.       The learned Advocate for the applicant submits that the

custody already undergone since 12.07.2026 is sufficient in the light of

the allegations and the nature of offence. He argues that the allegation

of pistol recovered from the present applicant had no ammunition and

it was a single piece    carried by the present applicant and hence,

section 3(8) of the Arms Act will not apply in the present case. He

further argues that there is no material to indicate that the said pistol

was carried by the present applicant for the purpose of conducting sale

of the said pistol. He submits that the applicant has already undergone

police custody and has cooperated with the investigating agency. There

is no necessity that the applicant should be confined to custody any

further. He therefore, prays that the applicant be released on bail.


5.       Per contra, the learned APP appearing for the State argues

that the applicant was apprehended on the basis of secret information

which included the information pertaining to the applicant proceeding

with a country made pistol for the purpose of carrying sale of the said

pistol. He submits that section 3(8) is, therefore, attracted which is


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punishable with life.       She further argues that the investigation

pertaining to other co-accused persons and the syndicate is in progress

and, therefore, it will not be appropriate to release the applicant at this

stage. She further, on instructions, submits that       the investigation is

complete and within a period of 8 to 10 days, the prosecution is likely

to file charge-sheet against the applicant and the other co-accused

persons.     According to her, at least till filing of the charge-sheet, the

applicant should not be released on bail.


6.         I have taken into consideration the arguments of both the

Advocates and have also perused the case papers


7.         It is the specific case of the prosecution against the applicant

that when the applicant was accosted, he was found only with

possession of one country made pistol which, according to the

prosecution itself, was purchased by applicant from one Balaji Sangle,

Nanded. The prosecution has not stated, except vague words, that he

was going to the market to conduct sale of the said pistol. Once the

case against the present applicant is specific that one single piece of

country made pistol was recovered from the applicant, then whether

section 3(8) of the Arms Act will be made out will be a question which

will have to be determined on the basis of corroborative piece of

evidence that will be brought before the trial court by the prosecution.

At this stage, the only inference that can be drawn is that the applicant

was found in possession of one single country made pistol without any


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ammunition. There is also no piece of evidence that has been placed

before this court to show that the applicant was actually proceeding for

conducting sale of the said pistol.      On the contrary, the applicant

himself had purchased the said pistol from one Balaji Sangle who is the

co-accused and arrested and lingering in jail.


8.        In the light of the above and on the basis of the statement

made that the investigation is complete and the charge-sheet is likely to

be filed within a period of 8 to 10 days after obtaining sanction, I am

inclined to allow this application and release the applicant on bail.

Hence, the following order:

                                 ORDER


(i)   The Bail Application is allowed.

(ii) The Applicant Mangesh Vinodrao Lolge, in connection with
      Crime No. 366 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 on 1st
      Monday of every month between 10.00 a.m. and 12.00 noon
      till filing of the charge-sheet and thereafter once in a month,
      till framing of charge.




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            (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`




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