Bombay High Court
ROHAN PANDIT MHALASKARversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
Since the CCTV footage does not show the applicant committing a specific assault with a dangerous weapon, bail is to be granted on parity with the other co‑accused.
Summary
The applicant, Rohan Pandit Mhalaskar, sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for offences under the Bharatiya Nyaya Sanhita, Arms Act and Maharashtra Police Act. The primary evidence was CCTV footage showing his presence at the scene but not any specific assault with a weapon. The prosecution argued he carried and displayed the weapons, while the defence highlighted the lack of a direct assault by him. The court noted that other co‑accused had been granted bail and, given the absence of a specific violent act by the applicant, applied the parity principle. Consequently, the bail application was allowed subject to standard conditions, without commenting on the merits of the case.
Issues considered
- Whether the CCTV footage establishing the applicant's presence but not a specific assault justifies denial of bail under Section 483 BNSS, 2023.
- Whether the principle of parity with co‑accused who were granted bail requires the applicant’s bail to be granted.
- Whether the nature of the offences under the Bharatiya Nyaya Sanhita, Arms Act and Maharashtra Police Act warrants refusal of bail.
Legislation cited
- Arms Act — s. 4(25)
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Bharatiya Nyaya Sanhita, 2023 — s. 103, 189(2), 189(4), 190, 191(2), 191(3), 352
- Maharashtra Police Act — s. 135, 37(1)(3)
Subjects
- bail
- criminal procedure
- parity principle
- CCTV evidence
- assault with weapon
- BNSS 2023
- B.N. Sanhita 2023
- Arms Act
- Maharashtra Police Act
Judgment
52.BA.2308.2026.doc
Ajay
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 2308 OF 2026
Rohan Pandit Mhalaskar .. Applicant
Versus
State of Maharashtra .. Respondent
WITH
INTERIM APPLICATION NO. 2449 OF 2026
IN
BAIL APPLICATION NO. 2308 OF 2026
Jayashree Dyaneshwar Barge Intervenor /
.. Orig. Complainant
IN THE MATTER BETWEEN:
Rohan Pandit Mhalaskar Applicant /
.. Orig. Accused
Versus
State of Maharashtra .. Respondent
....................
Mr. Tanmay T. Kate a/w. Ashraf Kazi and Mr. Navinya Gadiya,
Advocates i/by Vipul Dushing for Applicant.
Mr. Sukanta A. Karmakar, APP for Respondent – State.
Mr. Ishan Paradkar and Ms. Nawaz Dordi, Advocates for Intervenor.
PSI - Mr. Rupesh Khadse, MIDC Bhosari Police Station Pimpri
Chinchwad present.
......…........…
CORAM : MILIND N. JADHAV, J.
DATE : SEPTEMBER 17, 2026.
P.C.:
1. Heard Mr. Kate, learned Advocate for Applicant; Mr.
Karmakar, learned APP for Respondent – State and Mr. Paradkar,
learned Advocate for Intervenor.
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2. This is an Application under Section 483 of Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short “BNSS, 2023”) seeking
regular Bail in connection with C.R. No.263 of 2025 registered with
Bhosri MIDC Police Station for the offences punishable under Sections
103, 189(2), 189(4), 190, 191(2), 191(3) and 352 of the Bharatiya
Nyaya Sanhita, 2023; under Section 4(25) of the Arms Act and
Sections 37(1)(3) and 135 of the Maharashtra Police Act.
3. Present Applicant is arraigned as Accused No.2 in the present
crime. The principal piece of material evidence which prima facie
needs to be considered is the CCTV footage of the entire incident
which has been captured by the prosecution and depicted vividly as
appearing on page 173 and 174. Both the learned Advocates have
referred to the same, without shying away from it. The other 2 accused
persons have been granted bail. Accused Nos.3 and 5 have been
enlarged on bail. Their role as can be seen is jointly and severally with
the other accused persons, save and except the fact that they were not
seen assaulting with the weapons. The weapons in the present case are
wooden sticks and a sickle (dks;rk).
4. Role attributed to the present Applicant which is argued by
the learned Advocate for the Informant is that he was seen carrying the
weapons, flashing the weapons and arguing with the victims. When a
pointed question is put forth to both the learned Advocates with regard
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to any specific act of assault by the weapon, in their fair-mindedness,
they would say that though it is not so shown or seen from the CCTV
footage but a generic statement appears in the report which is not
specific though. They would submit that the fact that the present
Applicant was egging the other accused persons is seen from the CCTV
footage.
5. The learned Advocate for the Informant would submit that
the deceased person has been assaulted with sharp weapons and the
motive for the set crime appears to be a financial dispute between the
parties. The investigation is completed. Applicant has been arrested on
16.05.2025 and is in incarceration for the past more than 1 year 4
months. Applicant has no antecedents either.
6. Prima facie, the CCTV footage does show the presence of the
Applicant at the incident site, but it does not show any specific act of
assault by the dangerous weapon by the Applicant. Though learned
Advocate for the First Informant / Complainant would argue that the
role attributed to the Applicant would not entitle him to be enlarged
on bail on parity because he has been specifically assigned to have
brought the weapons and there has been a recovery of weapons from
him.
7. However, considering the fact that there is no specific assault
made by Applicant on any of the victims or the victim concerned, I am
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inclined to allow the present Application for bail on parity with the
other co-accused persons who have been granted bail.
8. Hence, in view of above prima facie observations and
findings, Bail Application of Applicant is allowed subject to the
following terms and conditions:-
(i) Applicant – Rohan Pandit Mhalaskar is directed to be
immediately released from prison in connection with
CR. No.263 of 2025;
(ii) Applicant is directed to be released on bail on
furnishing P.R. Bond of Rs.30,000/- (Rs. Thirty
Thousand only) with one or two sureties in the like
amount;
(iii) Applicant shall report to the Investigating Officer at
Bhosari MIDC Police Station, once every month, on the
first Monday of the month between 10:00 a.m. to 12:00
p.m. until commencement of trial and thereafter shall
attend all dates of hearing before the Trial Court;
(iv) Applicant shall cooperate with the conduct of the trial
and remain present before the Trial Court on all dates,
unless specifically exempted. Applicant shall not seek
unnecessary adjournments. Any such conduct shall
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entitle the prosecution to apply for cancellation of bail;
(v) Applicant shall not leave the State of Maharashtra
without prior permission of the Trial Court;
(vi) Applicant shall not influence any of the witnesses or
tamper with the evidence in any manner;
(vii) Applicant shall keep the Investigating Officer informed
of his current residential address and mobile telephone
number and shall forthwith inform the Investigating
Officer of any change in his residential address or
mobile telephone number, as and when such change
occurs;
(viii)Any breach or infraction of any of the aforesaid
conditions shall entail cancellation of the bail granted to
the Applicant; and
(ix) Applicant is directed not to enter the jurisdiction of
Bhosari MIDC Police Station and Khed Police Station,
Pune, save and except to register his presence and to
attend the Trial Court dates, until the trial is completed.
9. It is clarified that the observations made in this order are
limited for the purpose of granting bail only and I have not made any
observations on merits of the case. The trial shall be adjudicated on
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the strength of the evidence led and strictly on its own merits being
uninfluenced with any of the prima facie observations made
hereinabove in this order.
10. Bail Application is allowed and disposed in the above terms.
11. In view of disposal of Bail Application, pending Interim
Application No.2449 of 2026 is accordingly disposed.
[ MILIND N. JADHAV, J. ]
Ajay
Digitally signed by
AJAY AJAY TRAMBAK
TRAMBAK UGALMUGALE
UGALMUGALE Date: 2026.09.17
18:21:55 +0530
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