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Bombay High Court

GOPINATH PRALHAD PAWARversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Allowed

Holding

The court granted regular bail to the applicant with specified conditions.

Summary

The applicant, Gopinath Pralhad Pawar, sought regular bail under Section 483 of the BNSS for offences under Sections 3/25, 5/25 of the Arms Act and Sections 142 and 135 of the Maharashtra Police Act. The co‑accused, who had more than 25 prior convictions, had already been released on bail, and the investigation was complete with recovery made. The court noted that, apart from being found with a firearm in a public place, there were no other overt acts attributed to the applicant. Considering parity with the co‑accused and the completed investigation, the court granted bail on a set of strict conditions, including a personal bond, monthly reporting, non‑interference with witnesses, and restriction on leaving the state. The order expressly limited its observations to bail and made no comment on the merits of the case.

Issues considered

  • Whether bail should be granted to the accused under Section 483 of the BNSS in view of the nature of the offences and the applicant's antecedents.
  • Whether the conditions imposed are appropriate and sufficient to ensure the applicant's compliance and the integrity of the trial.

Legislation cited

Subjects

  • bail
  • regular bail
  • Arms Act
  • Maharashtra Police Act
  • Section 483
  • parity
  • conditions of bail
  • criminal procedure

Judgment

                                                               85.BA.3092.2026.doc

Ajay

                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          CRIMINAL APPELLATE JURISDICTION

                       BAIL APPLICATION NO. 3092 OF 2026

       Gopinath Pralhad Pawar                             .. Applicant
             Versus
       State of Maharashtra                               .. Respondent
                                 ....................
        Mr. Vipul V. Dushing a/w Mr. Ashraf Kazi & Mr. Sangram Jadhav,
         Advocates for Applicant
        Mr. Amit A. Palkar, APP for State
                                    ......…...........

                                   CORAM : MILIND N. JADHAV, J.
                                   DATE         : SEPTEMBER 22, 2026.

       P.C.:

       1.        Heard Mr. Dushing, learned Advocate for Applicant and Mr.

       Palkar, learned APP for State.


       2.        Present Application is filed under Section 483 of BNSS

       seeking regular bail in connection with C.R. No. 504 of 2025 registered

       with Nashik Road Police Station, Dist. Nashik for the offences

       punishable under Sections 3/25, 5/25 of the Arms Act and Sections

       142 and 135 of the Maharashtra Police Act.


       3.        The co-accused having more than 25 antecedents has been

       released on bail by order dated 21.04.2026. Save and except the

       accused persons having been held with a firearm on their person in a

       public place, there is no other overt act attributed against them. The

       Applicant was arrested on 08.10.2025. Investigation is completed and


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all recovery has been made. On the ground of parity, I am inclined to

release the Applicant on bail on the following terms and conditions:-


          (i)   Applicant is directed to be immediately released on bail

                from prison in connection with CR. No. 504 of 2025;


          (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

                amount;


          (iii) Applicant shall report to the Investigating Officer at

                Nashik Road 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

                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;




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                                          (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 their residential address or

                                               mobile telephone number, as and when such change

                                               occurs; and


                                          (viii)Any breach or infraction of any of the aforesaid

                                               conditions shall entail cancellation of the bail granted to

                                               the Applicant.


                                4.        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.


                                5.        Bail Application is allowed and disposed in the above terms.




                                                                           [ MILIND N. JADHAV, J. ]

      Ajay
             Digitally signed
             by AJAY
AJAY       TRAMBAK
TRAMBAK    UGALMUGALE
UGALMUGALE Date:
             2026.09.22
             20:27:11 +0530



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