Bombay High Court

GANESH MURLIDHAR SONAWANEversusTHE STATE OF MAHARASHTRA

Disposal: APPLICATION ALLOWED
Bench: SACHIN S DESHMUKH

Holding

The Court held that there was no pre‑meditation and, with the investigation complete, bail was warranted.

Summary

Ganesh Murlidhar Sonawane was charged under Sections 109, 118(2), 352 and 351(2) of the Bharatiya Nyaya Sanhita, 2023 for allegedly assaulting a minor with an iron rod. The prosecution alleged the act was pre‑meditated and caused serious injuries requiring hospitalization. The applicant contended the incident was a spontaneous act without premeditation and that the investigation was complete. The Court examined the charge‑sheet and found no evidence of premeditation, characterizing the case as over‑implication. Consequently, the Court held that continued detention was not justified and exercised its discretion to grant bail with stringent conditions. The bail order required a personal bond, sureties, non‑interference with witnesses, regular court attendance, and reporting to the police station.

Issues considered

Whether the alleged assault was pre‑meditated warranting denial of bail
Whether the applicant's continued detention is justified given the completion of investigation
Whether bail can be granted subject to conditions to prevent tampering with evidence

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 109, 118(2), 351(2), 352

Subjects

bail
assault
premeditation
over‑implication
criminal procedure
Bharatiya Nyaya Sanhita
conditions of bail

Judgment

2026:BHC-AUG:1142




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                    IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                BENCH AT AURANGABAD

                            BAIL APPLICATION NO. 2309 OF 2025

              Ganesh Murlidhar Sonawane                      ….Applicant

              VERSUS

              The State of Maharashtra                       …..Respondent

              Mr. G. S. Shembole, Advocate for Applicant.
              Mr. B. B. Bhise, APP for the State.

                                           CORAM : SACHIN S. DESHMUKH, J.
                                           DATE  : 13th JANUARY, 2026.
              PER COURT :


              1.    The Applicant seeks regular bail in connection with Crime No.

              376/2025 registered with Jawahar Nagar Police Station, Dist.

              Jalgaon for the offences punishable under Sections 109, 118(2), 352,

              351(2)of the Bharatiya Nyaya Sanhita, 2023.



              2.    Case of the prosecution is that on 16.10.2026 at about 8.30

              pm, informant got to know that the present Applicant has severely

              beaten her son. She noticed injuries on the head and left leg of her

              son as a result of which was admitted in the hospital. Upon enquiry,

              injured informed her that there was some exchange of words between

              him and the Applicant. Being annoyed with the same, the Applicant

              went to his home and returned with one iron rod.       He allegedly
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assaulted the son of the Applicant on his head and leg. On the basis

of this information First Information Report came to be lodged.



3.    Learned Counsel for the Applicant submits that the alleged

incident has occurred on the spur of moment and it is not pre-

medidated.     The injured is now discharged from the hospital.

Furthermore, investigation in the crime is complete in all respect and

as such no further incarceration of the Applicant is warranted.

Hence, prayed to allow the application by putting the Applicant under

stringent conditions.



4.    Per contra, learned APP vehemently opposed the Application. It

is contended that the act of the Applicant is pre-medidated and as

such inflicted blow on the head of the complainant which has

resulted into his hospitalization for almost 10 days. An apprehension

is expressed that, if the Applicant is enlarged on bail he may tamper

with the prosecution evidence.    Hence, prayed for rejection of the

Application.



5.    Considering the submissions of both sides and having perused

the material on record, including the charge-sheet, it is prima facie
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evident that there was no pre-medidation on the part of the Applicant

and the incident has occurred on the spur of moment. Prima facie, it

appears to be a case of over-implication.       The investigation is

complete for all intent and purposes. Resultantly, the chargesheet is

filed. As such, further detention of the applicant as an under trial

prisoner, in the circumstances of the case does not seem to be either

warranted or justifiable. I am, therefore, persuaded to exercise the

discretion in favor of the applicant.



6.    Hence, the following order :-

                                ORDER

      (i)    Application is allowed.
      (ii)   Applicant Ganesh Murlidhar Sonawane, be released
      on bail, on furnishing P.R. bond in the sum of Rs. 50,000/-
      (Rs. Fifty Thousand) with one or two local solvent sureties,
      in the like amount, in connection with Crime No.Crime No.
      376/2025 registered with Jawahar Nagar Police Station,
      Dist. Jalgaon for the offences punishable under Sections
      109, 118(2), 352, 351(2)of the Bharatiya Nyaya Sanhita,
      2023, on the following conditions :-
      (a)    The Applicant shall not pressurize the prosecution
      witnesses and tamper with the prosecution evidence, in
      any manner.
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      (b)     The Applicant shall attend the trial on each and
      every date unless exempted by the Trial Court and shall
      not leave the area of jurisdiction of the concerned Police
      Station till conclusion of the trial.
      (c)     The Applicant shall submit Aadhar and Pan Cards
      to the Investigating Officer and detailed address and
      phone numbers of the Applicant and two of the near
      relatives.
      (d)     The Applicant shall attend the concerned Police
      Station on every Monday between 11.00 am and 12.00
      noon.
      (e)     In case of breach of any of the conditions by the
      Applicant, it is open for the prosecution to move this
      Court seeking cancellation of bail.


      (iii)   Needless to state that the observations rendered
      herein are to the extent of this Application and the Trial
      Court shall not be influenced by the same.



                                              (SACHIN S. DESHMUKH, J.)

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