Bombay High Court
SAHIL ARVIND CHAVAN AND ANR.versusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
The Court granted bail to the applicants subject to specified conditions.
Summary
The Bombay High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with a charge of attempt to murder (Section 307 IPC) arising from CR No. 159 of 2025. Seven persons were accused, of whom five had already been released on bail. The applicants, who were co‑accused, argued that parity with the other co‑accused warranted their release. The Court, noting the simple nature of the injury and the precedent of bail to the other accused, granted bail subject to strict conditions including a personal bond, reporting requirements, and non‑interference with witnesses. The order expressly limited its observations to bail and declined to comment on the merits of the case. The bail was ordered to be released immediately and the application was disposed.
Issues considered
- Whether bail should be granted to the applicants under Section 483 BNSS in view of the nature of the offence (Section 307 IPC) and the fact that five co‑accused have already been released on bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Indian Penal Code — s. 307
Subjects
- bail
- Section 483 BNSS
- Section 307 IPC
- parity principle
- conditions of bail
- criminal procedure
Judgment
86.BA.3112.2026.doc
Ajay
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 3112 OF 2026
1. Sahil Arvind Chavan
2. Akash Bhima Chavan .. Applicants
Versus
State of Maharashtra .. Respondent
....................
Mr. Vipul V. Dushing a/w Mr. Ashraf Kazi i/by Mr. Prakash Chavan,
Advocates for Applicants
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 Applicants and Mr.
Palkar, learned APP for 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. 159 of 2025 registered with Nanded City
Police Station for the offences punishable under BNS and allied Acts.
3. There are 7 accused in the present crime out of which 5
accused have already been released on bail.
4. I have seen the injury certificate which is appended at page 424 of
the chargesheet. The nature of the injury is simple. Charge is under
Section 307 of IPC.
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5. Role of Applicant is identical to other co-accused. In view of
5 co-accused having been released on bail, on account of parity, the
Applicant has made out a case for grant of bail.
6. Hence, in view of above prima facie observations and
findings, Bail Application of Applicant is allowed subject to the
following terms and conditions:-
(i) Both the Applicants are directed to be immediately
released from prison in connection with C.R. No. 159 of
2025;
(ii) Both the Applicants is directed to be released on bail on
furnishing P.R. Bond of Rs. 25,000/- each (Rs. Twenty
Thousand each) with one or two sureties in the like
amount;
(iii) Applicants shall report to the Investigating Officer at
Nanded City 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) Applicants shall cooperate with the conduct of the trial
and remain present before the Trial Court on all dates,
unless specifically exempted. Applicants shall not seek
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unnecessary adjournments. Any such conduct shall
entitle the prosecution to apply for cancellation of bail;
(v) Applicants shall not leave the State of Maharashtra
without prior permission of the Trial Court;
(vi) Applicants shall not influence any of the witnesses or
tamper with the evidence in any manner;
(vii) Applicants shall keep the Investigating Officer informed
of their 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 Applicants.
7. 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.
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8. Bail Application is allowed and disposed in the above terms.
[ MILIND N. JADHAV, J. ]
Digitally signed
by AJAY
AJAY TRAMBAK
TRAMBAK UGALMUGALE
UGALMUGALE Date:
2026.09.22
20:26:21 +0530
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