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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Bharatiya Nyaya Sanhita, 2023 — s. 310(2), 324(4), 3(5), 352
- Maharashtra Control of Organised Crime Act, 1999 — s. 3(1)(ii), 3(2), 3(4)
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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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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