Bombay High Court
MOHANKUMAR RAJKUMAR VERMAversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
The court held that the incident was a sudden quarrel without premeditation, and therefore bail was warranted.
Summary
The applicant, Mohankumar Rajkumar Verma, was arrested for alleged homicide under Section 103(1) of the Bharatiya Nyaya Sanhita, 2023, following a drunken altercation in which the deceased was throttled. The prosecution contended that the applicant pressed the victim’s neck, causing death, while the defence argued that the incident was a sudden fight triggered by the victim assaulting the applicant with a wooden rod, negating any intent to kill. The court examined eye‑witness statements indicating mutual assault, injury to the applicant’s head, and lack of premeditation, concluding that the episode was a sudden quarrel in the heat of passion. Accordingly, the court found no justification to deny bail and ordered the applicant’s release on bond with standard conditions. The bail application was disposed of in the applicant’s favour.
Issues considered
- Whether the facts constitute an offence punishable under Section 103(1) of the Bharatiya Nyaya Sanhita, 2023
- Whether the applicant can invoke the right of private defence in the circumstances
- Whether bail should be granted given the nature of the alleged homicide
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1)
Subjects
- bail
- Section 103
- homicide
- private defence
- sudden quarrel
- intoxication
- criminal procedure
- Bharatiya Nyaya Sanhita
Judgment
P.H. JAYANI 916 BA2398.2026.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 2398 OF 2026
Mohankumar Rajkumar Verma …Applicant
V/s.
The State of Maharashtra …Respondent
Mr. Rahul Gaikwad a/w. Mr. Shivaji Magal Mr. Ninad Pawar,
Adv. Ruchi Ambetkar and Ms. Komal Singh for the Applicant.
Mr. Vinit Kulkarni, APP for the Respondent - State.
Mr. Dinkar Sanap, PSI, Wadala Police Station, present.
CORAM: SHYAM C. CHANDAK, J.
DATED : 22nd SEPTEMBER, 2026
P.C. :-
1. Heard learned Counsel for the parties. Perused the record.
Mr. Gaikwad, the learned Counsel for the Applicant tendered the
arrest form. It is taken on record and marked as ‘X’.
2. Present application seeks release of the applicant on bail in
Sessions Case No.1030 of 2025 pending before the learned
Additional Sessions Judge, City Civil & Sessions Court, Gr. Mumbai
arising out of Cr. No.94 of 2025 registered with Wadala Police
Station, Mumbai for the offence punishable under Section 103 (1) of
the Bharatiya Nyaya Sanhita, 2023 (“BNS”) on the Report dated
17.04.2025 filed by Mr. Mohammad Saddam Ansari.
3. The prosecution case is that, on 16.04.2025, at about 11:30
p.m., the applicant, deceased-Salman Ansari and their friends
namely Mohd. Alam and Shivkumar Yadav consumed Tadi at
Shantinagar, Wadala. Thereafter Mohd. Alam and Shivkumar
Yadav left. Soon thereafter, a quarrel occurred between the
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P.H. JAYANI 916 BA2398.2026.DOC
deceased and Mohan Kumar and they were assaulting each other.
Shivkumar saw two fighting. He, therefore, called the Mohd. Alam
who rushed at the spot. At that time, deceased was lying on the floor
and the applicant was pressing his neck. Mohd. Alam tried to
rescue the deceased but he could not. The deceased died due to
throttling. The post-mortem report supported the said fact.
Therefore, the aforesaid crime came to be registered and the
applicant was arrested. On completion of investigation, police
submitted the charge-sheet. The trial Court declined to release the
applicant on bail. Hence, this application.
4. Mr. Gaikwad, learned Counsel for the applicant submits that,
the incident had occurred all of a sudden, on account of the
deceased assaulted the applicant over head by means of a wooden
rod. The applicant had no intention to kill the deceased.
Consequently, the charge of Section 103 of BNS is not made out.
Therefore, the applicant is entitled for bail.
5. Mr. Kulkarni, the learned APP stated that this is not a case of
causing death while exercising right of private defence. The
applicant had no other apparent reason to cause death of the
deceased. In any case, he has exceeded his right of private defence
by committing this crime. As such, there is a prima facie case
against the applicant.
6. I have considered these submissions. Considering the
statements of the eye witness – Mohd. Alam and Shivkumar Yadav,
it appears that, the incident had occurred all of a sudden when the
deceased and the applicant were involved in a quarrel and
assaulting each other. The statement of Mohd. Alam mentions that
at the time of the incident, he had seen an injury on the head of the
applicant. Said fact is also mentioned in the arrest form. The
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P.H. JAYANI 916 BA2398.2026.DOC
statement of the mother and brother of the deceased indicate that
when the eye witnesses had informed them about the incident, they
had told that the deceased had first assaulted the applicant by
means of a stick (danda). It appears that, since the deceased had
assaulted the applicant, it led to a fight between them. During the
fight, they assaulted each-other. They both were drunk. Thus, prima
facie it appears that the offence was committed without
premeditation in a sudden fight in the heat of passion upon a
sudden quarrel and without the applicant having taken undue
advantage or acted in a cruel or unusual manner.
7. In the wake of the above, I am inclined to release the
Applicant on bail. Hence, the following Order :-
(i) The applicant Mohankumar Rajkumar Verma be
released on bail in Sessions Case No.1030 of 2025 pending
before the learned Additional Sessions Judge, City Civil &
Sessions Court, Gr. Mumbai arising out of Cr. No.94 of 2025
registered with Wadala Police Station, Mumbai for the
offence punishable under Section 103(1) of BNS, on his
executing P.R. Bond in the sum of Rs.1,00,000/- with one or
two sureties in the like amount.
(ii) The applicant shall mark his attendance at Wadala
Police Station, Mumbai on 1st day of each calender month
between 11:00 a.m. to 2:00 p.m. till conclusion of the trial.
(iii) The applicant shall regularly attend the proceedings
before the jurisdictional Court unless exempted by the said
Court, for the reasons to be recorded in writing.
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P.H. JAYANI 916 BA2398.2026.DOC
(iv) The applicant shall not reside and enter within the
Mumbai Police Commissionerate till conclusion of the trial,
except to mark his attendance at Wadala Police Station,
Mumbai and to attend before the trial Court.
(v) The applicant shall not tamper with the prosecution
evidence and shall not directly or indirectly influence upon
the prosecution witnesses to prevent them from deposing
against him.
(vi) On being released from jail, the Applicant shall furnish
his contact number and residential address to the
Investigating Officer and shall keep him updated, in case
there is any change.
(vii) It is clarified that any observation made in the present
order are for the purpose of deciding the present Bail
Application and should not influence the out come of the trial
and also not be taken as an expression of opinion on the
merits of the case.
8. Bail Application stands disposed of in aforesaid terms.
PREETI
HEERO (SHYAM C. CHANDAK, J.)
JAYANI
Digitally signed by
PREETI HEERO
JAYANI
Date: 2026.09.24
20:13:00 +0530
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