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Bombay High Court

HARSHAL DEVIDAS JADHAV ALIAS LAHANYAversusSTATE OF MAHARASHTRA

Decided
Disposal
Allowed

Holding

Bail is granted because the identification parade evidence is vitiated and the prosecution has not established a sufficient nexus between the accused and the alleged offence.

Summary

The Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, relating to offences under the Bharatiya Nyaya Sanhita, 2023 and the Maharashtra Control of Organised Crime Act, 1999. The prosecution’s case rested mainly on a Test Identification Parade conducted 36 days after the alleged robbery, which the Court found to be a prima facie violation of the identification‑parade guidelines. Although the applicant has fourteen prior convictions and is alleged to be a gang leader, the prosecution failed to produce any material evidence linking him to the crime beyond the flawed parade. Consequently, the Court held that the evidence was insufficient to justify denial of bail. Bail was therefore granted subject to stringent conditions, and the applicant was ordered to be released from custody.

Issues considered

  • Whether bail should be granted when the sole evidentiary basis is a delayed Test Identification Parade that may violate procedural guidelines.
  • Whether the Test Identification Parade conducted 36 days after the incident is admissible and sufficient to establish a nexus between the accused and the crime.
  • Whether the applicant’s antecedents and alleged role as an organised crime leader under the MCOC Act warrant denial of bail despite lack of substantive evidence.

Legislation cited

Subjects

  • bail
  • identification parade
  • organized crime
  • MCOC Act
  • Bharatiya Nyaya Sanhita
  • evidence
  • suspicion
  • criminal procedure

Judgment

                                                                       45.BA.2237.2026.doc

HARSHADA H. SAWANT
      (P.A.)
                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CRIMINAL APPELLATE JURISDICTION


                              BAIL APPLICATION NO.2237 OF 2026

              Harshal Devidas Jadhav alias Lahanya             .. Applicant
                         Versus
              The State of Maharashtra                         .. Respondent
                                          ....................
               Ms. Sana Raees Khan a/w. Mr. Jinay Jain, Advocates for Applicant.
               Mr. Amit A. Palkar, APP for Respondent.
                                            ...................

                                           CORAM : MILIND N. JADHAV, J.
                                           DATE          : AUGUST 18, 2026
              P.C.:

              1.       Heard Ms. Khan, learned Advocate for Applicant and Mr.

              Palkar, learned APP for Respondent.


              2.       This is an Application under Section 483 of Bharatiya

              Nagarik Suraksha Sanhita, 2023 seeking Bail in connection with C.R.

              No.57 of 2025 registered with Killa Police Station, Nashik for offences

              punishable under Sections 310(2), 324(4), 352, 3(5) of the Bharatiya

              Nyaya Sanhita, 2023 read with Section 3(1)(ii), 3(2) and 3(4) of the

              Maharashtra Control of Organised Crime Act, 1999 (for short ‘MCOC

              Act’).


              3.       The case of prosecution in the present case is solely based on

              suspicion qua Accused persons.


              4.       There are 6 Accused persons out of whom Accused No.4

              namely Kunal Raghunath Patil has been enlarged on bail by this Court

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vide order dated 10.04.2026. The only case of prosecution to indict

Applicant as also other Accused persons is on the basis of Test

Identification Parade conducted 36 days after the date of incident

which is prima facie violation of Test Identification Parade Guidelines

and therefore stands vitiated.


5.        Mr. Palkar in his usual fair mindedness informs the Court

that there are 14 antecedents against the Applicant and therefore the

Applicant being gang-leader of an Organised Crime Syndicate,

provisions of MCOC Act have been invoked against Applicant in the

present case.


6.        Case of prosecution is that the Complainant and his brother

while driving at about 09:30 p.m. on the Mumbai-Agra Highway on

Dhule by-pass road were accosted by 3 to 4 persons on motorcycles

who intercepted their car and had a quarrel with them with regard to

their interception. They thereafter snatched 2 cloth bags which the

Informants were carrying which was containing cash and certain

registration cards by threatening them with a knife like object and

thereafter fled on their motorcycles.


7.        Crime has been registered by the Informants against 6

unknown persons and it is stated in the First Information Report that

they were looted for approximately Rs.25 Lakhs.      Investigation has

been carried out.


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                                                         45.BA.2237.2026.doc


8.        Prima facie, save and except the Test Identification parade,

which is conducted 36 days after the incident, there is no other nexus

whatsoever which has been shown by the prosecution. In the Test

Identification Parade incidentally Accused Nos.1 and 4 were identified.


9.        Though it is true that Accused persons have criminal

antecedents there is prima facie no material evidence which is brought

before the Court of their nexus of being involved in the present crime

save and except the above which cannot be countenanced at this stage

in the present case for the purpose of granting Bail.


10.       Accused No.1 therefore draws parity with Accused No.4 who

is already enlarged on bail and is therefore released on bail subject to

following conditions:-


          (i)   Applicant is directed to be immediately released from

                prison in connection with Crime No. 57 of 2025;


          (ii) Applicant is directed to be released on bail on

                furnishing P.R. Bond of Rs. 50,000/- (Rs. Fifty

                Thousand only) with one surety of the like amount;

          (iii) Applicant shall report to the Investigating Officer at the

                concerned Police Station, once every month on the first

                Monday of the month between 10:00 a.m. to 12:00

                p.m.;

          (iv) Applicant shall co-operate with the conduct of trial and

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                                             attend the Trial Court on all dates, unless specifically

                                             exempted    and    will   not   take   any     unnecessary

                                             adjournments, if he does so it will entitle the

                                             prosecution to apply for revocation of this order;

                              (v) Applicant shall not leave the State of Maharashtra

                                             without prior permission of the Trial Court;

                              (vi) Applicant shall not influence with any of the witnesses

                                             or tamper with the evidence in any manner;

                              (vii) Applicant shall keep the Investigating Officer informed

                                             of his current address and mobile contact number and /

                                             or change of residence or mobile details, if any, from

                                             time to time, as applicable; and

                              (viii)Any infraction of the conditions shall entail cancellation

                                             of bail granted to the Applicant.

               11.            Bail Application is allowed and disposed of in the above

               terms.



H. H. SAWANT                                                           [ MILIND N. JADHAV, J. ]


                          Digitally signed
                          by HARSHADA
               HARSHADA   HANUMANT
               HANUMANT   SAWANT
               SAWANT     Date:
                          2026.08.19
                          10:12:53 +0530




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