Bombay High Court
PRAVIN MAHADEO SHINDEversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
Bail was granted to the applicant subject to strict conditions.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, by 19‑year‑old Pravin Mahadeo Shinde, who was arrested on 4 January 2026 in connection with a dacoity case (CR No.4 of 2026) and charged under Sections 310(2), 312 and 61(2) of the Bharatiya Nyaya Sanhita, 2023, Section 4(25) of the Arms Act and Section 37(1) read with Section 135 of the Maharashtra Police Act. The applicant had been in custody for more than 24 hours before being produced before a magistrate, raising a prima facie violation of Article 22(2) of the Constitution. The court noted that the applicant’s role was purely circumstantial, that four co‑accused juveniles had already been released on bail, and emphasized the need for reformative treatment of young offenders. Balancing the alleged procedural breach, the applicant’s age, and the potential for rehabilitation, the court granted bail with a detailed set of conditions. The order expressly limited its observations to bail and did not address the merits of the case.
Issues considered
- Whether the applicant’s prolonged pre‑magistrate custody violated Article 22(2) of the Constitution.
- Whether the applicant, being a young offender, is eligible for bail despite the seriousness of the charges.
- Whether the circumstantial nature of the evidence and the bail granted to other co‑accused juveniles warrant bail for the applicant.
Legislation cited
- Arms Act — s. 4(25)
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Bharatiya Nyaya Sanhita, 2023 — s. 310(2), 312, 61(2)
- Maharashtra Police Act — s. 135, 37(1)
Subjects
- bail
- young offender
- Article 22(2)
- custodial violation
- dacoity
- circumstantial evidence
- rehabilitation
- bail conditions
Judgment
52.BA.2531.2026.doc
Ajay
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 2531 OF 2026
Pravin Mahadeo Shinde .. Applicant
Versus
State of Maharashtra .. Respondent
....................
Mr. Kunal Aher, Advocate for Applicant.
Ms. Silpa G. Talhar, APP for Respondent – State.
PSI – Mr. Balaji Janardan Digole, Manjri Police Station pune.
......…........…
CORAM : MILIND N. JADHAV, J.
DATE : SEPTEMBER 28, 2026.
P.C.:
1. Heard Mr. Aher, learned Advocate for Applicant and Ms.
Talhar, learned APP for Respondent – State.
2. This is an Application under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking bail in
connection with C.R.No.4 of 2026 registered with Hadapsar Police
Station, District Pune for offences punishable under Sections 310(2),
312 and 61(2) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’);
Section 4(25) of the Arms Act and Section 37(1) read with Section 135
of the Maharashtra Police Act. The First Information Report is filed on
04.01.2026 and Applicant came to be arrested on 04.01.2026.
3. On 18.08.2026, after hearing the learned Advocates, the
following order was passed:-
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“1. Heard Mr. Aher, learned Advocate for Applicant and Ms.
Talhar, learned APP for State.
2. Learned APP is directed to confirm the fact that the
Applicant was apprehended and arrested on 04.01.2026 at
15:30 Hrs. Case of the Applicant is that he was produced before
the learned Magistrate on the following day at 11:15 Hrs in the
night. It is so stated in the remand order which is appended to
the Application.
3. Learned APP is directed to go through the above and
accordingly apprise the Court as to whether the Applicant, being
19 years of age, is eligible for the relief sought.
4. Stand over to 24th August, 2026.”
4. Applicant is a young offender, 19 years of age. He has been
indicted in an offence of dacoity alongwith seven other persons. Four
out of the seven accused persons are juveniles. They have already been
released on bail. The role against Applicant is purely circumstantial.
However, in view of the aforesaid order, it is prima facie seen that the
Applicant was arrested at 15:30 hours on 04.01.2026 and was kept in
custody for more than 24 hours before producing him before the
learned Magistrate. He was produced before the learned Magistrate for
remand only on the following day 23:15 hours in the night.
5. In that view of the matter, there is a prima facie violation of
the provision of Article 22(2) of the Constitution of India. Even
otherwise, when no specific role is attributed to Applicant as per
prosecution’s case, the young age of Applicant who has already
unfortunately spent 8 months of incarceration comes to the fore.
Hence, considering the young age and the prolonged custody of the
Applicant and also prima facie violation of Article 22(2) of the
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Constitution of India, I am inclined to allow the Bail Application.
6. Considering Applicant’s age, if he is enlarged on bail Court is
hopeful that his family will undoubtedly do their duty to make every
effort and attempt to reform and aid the Applicant in leading a
reformed life while on bail rather than keep him in prison and expose
him to criminal outlook and life in prison. However on the flip side, if a
chance is given to the Applicant because of his young age by enlarging
him on bail, there is a possibility that he will be remorseful and repent
in retrospect. This is a chance required to be taken by the Court
because punishment has to be believed to be inflicted for a reformative
result rather than being punitive in nature.
7. Undoubtedly the trial will determine the complicity of
Applicant in the offence. While considering Bail Application in such
facts, Court feels that reform and rehabilitation of the under trial
accused needs to be considered especially when age of the accused
person is young so that he gets an opportunity / or is given an
opportunity to reform, rehabilitate and earn his livelihood honorably
from the perspective of social integration. This is a chance which the
Court must take considering the young age of accused person. The age
of the Applicant is very young. If the Applicant is incarcerated in prison
further, there is every possibility that he might lose faith in the
institution and society at large and may tread the path of criminality or
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would waste his life. Incarceration in prison exposes many youth to
abuse as is shown statistically.
8. There are several harms of incarceration which are inflicted
disproportionately on the youth. This is the reason why Court feels that
any / every semblance of a chance towards a reformative approach in
punishment should be adopted, especially in the case of young
offenders. Hence every opportunity or to that extent risk should be
constructively taken by the Court in the case of young offenders –
accused before committing such accused to further custody and give
such accused an opportunity to become a good citizen in the Society.
These observations are only in the view of the young age of the
Applicant before me and it is only a means to explore an alternative to
incarceration so that the Applicant can become a good citizen.
9. 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 – Pravin Mahadeo Shinde is directed to be
immediately released from prison in connection with
CR. No.4 of 2026;
(ii) Applicant is directed to be released on bail on
furnishing P.R. Bond of Rs.15,000/- (Rs. Fifteen
Thousand only) with one or two sureties in the like
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amount;
(iii) Applicant shall report to the Investigating Officer at
Hadapsar Police Station, once every month, on the first
Sunday 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
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; and
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(viii)Any breach or infraction of any of the aforesaid
conditions shall entail cancellation of the bail granted to
the Applicant.
10. 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
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.
11. Bail Application is allowed and disposed in the above terms.
[ MILIND N. JADHAV, J. ]
Ajay Digitally
signed by AJAY
TRAMBAK
AJAY UGALMUGALE
TRAMBAK
UGALMUGALE Date:
2026.09.28
20:18:15
+0530
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