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
- Arms Act — s. 25, 3, 5
- BNSS — s. 483
- Maharashtra Police Act — s. 135, 142
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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85.BA.3092.2026.doc
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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85.BA.3092.2026.doc
(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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