Bombay High Court
CHETAN DEEPAK PAWARversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
Bail is granted to the applicant subject to the conditions imposed by the court.
Summary
The applicant, Chetan Deepak Pawar, was arrested in connection with a robbery and assault alleged to have occurred after a traffic dispute at a toll plaza, where he allegedly threatened the complainant and later, with accomplices, snatched Rs.10,000 using a sickle. He is charged under Sections 310(2), 352, 351(2), 324(4) of the Bharatiya Nyaya Sanhita, 2023, Sections 4 and 25 of the Arms Act, 1959, and Section 135 of the Maharashtra Police Act, 1951. The applicant filed a bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, contending that his involvement was limited to a verbal threat at the toll and that he has been in custody for over four months. The court examined whether the seriousness of the offences, the applicant’s alleged role, and the risk of flight or tampering justified denial of bail. Finding no substantive evidence tying him to the robbery beyond the initial threat and noting his personal circumstances, the court granted bail with stringent conditions. The order expressly limited its observations to bail and did not address the merits of the criminal case.
Issues considered
- What is the appropriate exercise of discretion under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in granting bail to an accused charged with serious offences including robbery, assault, and illegal possession of arms?
- Whether the applicant poses a risk of flight, tampering with evidence, or influencing witnesses that would warrant denial of bail.
Legislation cited
- Arms Act, 1959 — s. 25, 4
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Bharatiya Nyaya Sanhita, 2023 — s. 310(2), 324(4), 351(2), 352
- Maharashtra Police Act, 1951 — s. 135
Subjects
- bail
- criminal procedure
- Bharatiya Nagarik Suraksha Sanhita
- Bharatiya Nyaya Sanhita
- Arms Act
- Maharashtra Police Act
- robbery
- assault
- threat
- flight risk
- evidence tampering
Judgment
2.BA.3263.2026.doc
HARSHADA H. SAWANT
(P.A.)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.3263 OF 2026
Chetan Deepak Pawar .. Applicant
Versus
The State of Maharashtra .. Respondent
....................
Mr. Aniket Vagal a/w. Ms. Juhi Kadu and Ms. Savvy Kolhekar,
Advocates for Applicant.
Mr. Amit A. Palkar, APP for Respondent.
...................
CORAM : MILIND N. JADHAV, J.
DATE : AUGUST 24, 2026
P.C.:
1. Heard Mr. Vagal, learned Advocate for Applicant and Mr.
Palkar, learned APP for Respondent.
2. This is an Application under Section 483 of Bharatiya
Nagarik Suraksha Sanhita, 2023 seeking Bail in connection with C.R.
No.271 of 2026 registered with Nashik Road Police Station for offences
punishable under Sections 310(2), 352, 351(2), 324(4) of the
Bharatiya Nyaya Sanhita, 2023; Sections 4 and 25 of the Arms Act,
1959; and Section 135 of the Maharashtra Police Act, 1951.
3. Briefly stated, the car of the Applicant which was driven by
him alongwith other Accused persons and his friends was at Toll Naka
and car behind him which was driven by the Complainant and his
friend honked incessantly which irked the Applicant. Applicant
therefore got down from his car and threatened the Complainant and
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told them to come a little forward so that they can reason out with
each other. At a later junction known as Sinnar Phata, the Complainant
claims to have been intercepted and stopped by the Applicant and his
friends and an altercation thereafter led to a ruckus whereby the victim
claims to have been robbed of Rs.10,000/- forcibly. Charge against
Applicant and his associates is that Accused persons threatened the
victim and the Complainant with a sickle and snatched away
Rs.10,000/- from their vehicle. The following day complaint was
lodged. In so far role attributed to Applicant is concerned, save and
except that he threatened the Applicant who was driving the car
behind him at the toll naka when he was honking at him, there is no
other specific role attributed to him. Applicant is a gym trainer and a
young offender and is in incarceration for past more than four months
and that itself has served him a probable reminder for him not taking
law into his hands. In so far as the allegations and the case of
prosecution is concerned, that undoubtedly will be a subject matter of
trial.
4. Considering the aforesaid observations and findings,
Applicant has made out case for grant of bail subject to following
conditions:-
(i) Applicant is directed to be immediately released from
prison in connection with Crime No. 271 of 2026;
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2.BA.3263.2026.doc
(ii) Applicant is directed to be released on bail on
furnishing P.R. Bond of Rs. 25,000/- (Rs. Twenty Five
Thousand only) with one surety of the like amount;
(iii) Applicant shall report to the Investigating Officer at
concerned Police Station, once every month on the first
Monday of the month between 10:00 a.m. to 12:00
p.m.;
(iv) Applicant shall co-operate with the conduct of trial and
attend the Trial Court on all dates, unless specifically
exempted and will not take any unnecessary
adjournments, if he does so it will entitle the
prosecution to apply for revocation of this order;
(v) Applicant shall not leave the State of Maharashtra
without prior permission of the Trial Court;
(vi) Applicant shall not influence with any of the witnesses
or tamper with the evidence in any manner;
(vii) Applicant shall keep the Investigating Officer informed
of his current address and mobile contact number and /
or change of residence or mobile details, if any, from
time to time, as applicable; and
(viii)Any infraction of the conditions shall entail cancellation
of bail granted to the Applicant.
5. It is clarified that the observations made in this order are
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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.
6. Bail Application is allowed and disposed of in the above
terms.
H. H. SAWANT [ MILIND N. JADHAV, J. ]
Digitally signed
HARSHADA by HARSHADA
HANUMANT
HANUMANT SAWANT
SAWANT Date: 2026.08.24
21:00:29 +0530
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