Bombay High Court
PANDURANG ARJUN VIGHNEversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
The court held that bail should be granted to the applicant subject to specified conditions.
Summary
The High Court considered the bail application of Pandurang Arjun Vighne, accused No.3 in a murder case involving offences under Sections 302, 201, 364, 324 read with 34 of the IPC. The prosecution’s case was based solely on weak circumstantial evidence and a four‑day‑old last‑seen theory, with a property‑dispute motive indicated by the deceased’s wife. No direct evidence linked the applicant to the crime, and a co‑accused had already been released on bail. The judge clarified that the observations were confined to the bail issue and not the merits of the case. Consequently, bail was granted on a personal bond of Rs 25,000 with a surety, subject to reporting, residence, non‑interference and other conditions.
Issues considered
- Whether bail should be granted to the accused under Section 439 of the CrPC and Section 483 of the Bharatiya Nagarik Suraksha Sanhita given the seriousness of the offences and the nature of the evidence.
- Whether the absence of direct evidence and the weakness of the circumstantial (last‑seen) theory justify the grant of bail.
- Whether the conditions imposed on bail are appropriate and sufficient to safeguard the trial process.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Code of Criminal Procedure, 1973 — s. 439
- Indian Penal Code, 1860 — s. 201, 302, 324, 34, 364
Subjects
- bail
- criminal procedure
- circumstantial evidence
- property dispute
- murder
- IPC
- Section 439
- Section 483
- conditions of bail
Judgment
1.BA.3292.2026.doc
HARSHADA H. SAWANT
(P.A.)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.3292 OF 2026
Pandurang Arjun Vighne .. Applicant
Versus
The State of Maharashtra .. Respondent
....................
Mr. Aniket Vagal a/w. Ms. Juhi Kadu and Ms. Savvy Kolhekar,
Advocates for Applicant.
Mr. Yogesh M. Nakhwa, APP for Respondent.
PSI – Govind Khating, Shirur Police Station Rural.
...................
CORAM : MILIND N. JADHAV, J.
DATE : AUGUST 29, 2026
P.C.:
1. Heard Mr. Vagal, learned Advocate for Applicant and Mr.
Nakhwa, learned APP for Respondent.
2. This is an Application under Section 439 of the Code of
Criminal Procedure, 1973 / Section 483 of Bharatiya Nagarik Suraksha
Sanhita, 2023 seeking Bail in connection with C.R. No.80 of 2024
registered with Shirur Police Station for offences punishable under
Sections 302, 201, 364, 324 read with Section 34 of the Indian Penal
Code, 1860.
3. Perused the record of the case. Applicant is indicted and
arraigned as Accused No.3 in the present crime in the offences indicted
under IPC. The deceased victim is Krushna Gokul Vighne and
according to prosecution case, Applicant alongwith co-accused
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assaulted with wooden log and tied the deceased and took him to
Tempo and threw him in Ghod river and where his body was found
floating.
4. Prima facie, case of prosecution is not based upon any direct
evidence. Whatever little circumstantial evidence is placed before the
Court, merely shows and throws light upon the last seen theory and
that too it is stated to be four days old.
5. Prima facie, material which is placed on record and witness
statements recorded that too of the wife of the deceased shows that
there was a subsisting property dispute between the parties in which
the deceased person desired to have his share. Since there is no direct
evidence, whatsoever attributed to the Accused and because Accused
happens to be on the opposite side, there is every probability that
Accused may have been framed.
6. Be that as it may, no specific evidence and though the last
seen theory being a weak link and Accused No.2 already having been
enlarged on bail by order dated 11.02.2026, copy of which is
appended at page No.111 of the Application, 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. 80 of 2024;
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(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 the
concerned Police Station, once every month on the first
Saturday of the month between 11:00 a.m. to 02:00
p.m.;
(iv) The Applicant shall not enter into the limits of village
Anandgaon, Taluka – Shirur, till conclusion of the trial;
(v) 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;
(vi) Applicant shall not leave the State of Maharashtra
without prior permission of the Trial Court;
(vii) Applicant shall not influence with any of the witnesses
or tamper with the evidence in any manner;
(viii)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
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(ix) Any infraction of the conditions shall entail cancellation
of bail granted to the Applicant.
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.
8. 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: 2026.08.29
15:06:26 +0530
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