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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

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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