Bombay High Court
MIRABAI LAXMAN KUVARversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
- Bench
- SHIVKUMAR DIGE
Holding
Bail is granted to the applicant with specified conditions.
Summary
Mirabai Laxman Kuvar, a 60‑year‑old woman with no prior record, applied for regular bail in a murder case (Crime No.79 of 2025) where she is alleged to have assaulted the deceased with a wooden rod alongside a juvenile co‑accused. The prosecution argued that she might abscond or intimidate the first informant and other witnesses. The court noted that the primary allegations target the juvenile, that the applicant is elderly, has no antecedents, and that the trial has shown no progress. Weighing these factors against the risk of tampering, the judge granted bail on the condition of a cash bond, sureties, and restrictions on movement and witness interference. The trial court was directed to continue the trial independently of the bail order.
Issues considered
- Whether bail should be granted to the accused in a murder case despite allegations of assault and potential risk of witness intimidation
- Whether the applicant's age, lack of antecedents, and trial delay justify bail
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 103(1), 190, 191(2), 193(3)
Subjects
- bail
- criminal procedure
- murder
- assault
- juvenile offender
- trial delay
- witness tampering
- Indian criminal law
Judgment
22-BA-2915-2025.doc
N.S.Kamble
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 2915 OF 2025
Mirabai Laxman Kuvar … Applicant
Versus
The State of Maharashtra … Respondent
Digitally signed
NILAM by NILAM
SANTOSH
SANTOSH
KAMBLE ________________________________________________________
KAMBLE Date: 2026.01.16
15:34:47 +0530
Mr.Shailesh Kharat, for the Applicant.
Mr.Prashant P. Jadhav, APP for Respondent-State.
Mr.Ankush V., PSI, Sinnar Police Station.
________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 13th JANUARY, 2026
P.C. :
. By this Application, the Applicant is seeking regular bail in
Crime No.79 of 2025 registered with Sinnar Police Station, Nashik, for
the offences punishable under Sections 103(1), 191(2), 193(3) and
190 of the Bhartiya Nyaya Sanhita, 2023 (‘BNS’ for short).
2. It is prosecution’s case that, on 27 th January 2025, the
Applicant and co-accused assaulted the deceased with spade and
wooden rod and murdered him.
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22-BA-2915-2025.doc
N.S.Kamble
3. It is contention of learned counsel for the Applicant that, the
main allegations are against the co-accused Ajay who is juvenile. The
allegations against the Applicant are that she assaulted the deceased
with wooden rod. The Applicant is 60 years old lady. She has no
antecedent. There is no progress in trial and requested to allow the
Application.
4. It is contention of learned APP that, the Applicant assaulted
the deceased with wooden rod. The Applicant and First Informant
stays in same locality. If Applicant released on bail, she may abscond or
threaten First Informant and prosecution witnesses, and requested to
reject the Application.
5. I have heard both learned counsel. Perused charge-sheet and
documents produced on record.
6. The allegations against the Applicant are that, she along with
co-accused assaulted the deceased with a spade and wooden rod. The
main allegations are against the co-accused, child in conflict with law.
The Applicant is 60 years old. She is lady. She has no antecedents.
There is no progress in the trial. It may take time to conclude the trial.
Page 2 of 3
22-BA-2915-2025.doc
N.S.Kamble
7. Considering these facts, I pass following order.
ORDER
(i) The Applicant-Mirabai Laxman Kuvar be released
on bail in Crime No.79 of 2025 registered with Sinnar
Police Station, Nashik, on furnishing PR bond of
Rs.25,000/- with one or two solvent sureties in the like
amount.
(ii) The Applicant shall not enter in Sinnar Taluka till
recording of evidence of the First Informant and eye
witnesses.
(iii) The Applicant shall not tamper with the evidence
and/or influence the prosecution witnesses.
(iv) The Trial Court shall decide the case on its own
merits and in accordance with law, uninfluenced by the
observations made in this order.
(v) Application is allowed in the aforesaid terms.
(SHIVKUMAR DIGE, J.)
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