Bombay High Court
MAHADEV @ MAHADYA AJAY GAUTAM THORATversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
Bail is granted to the applicant subject to specified conditions.
Summary
The Bombay High Court considered a bail application filed under Section 439 of the Criminal Procedure Code for Mahadev alias Mahadya Ajay Gautam Thorat, who was charged with chain snatching under IPC Sections 392 and 411 r/w 34, and offences under MCOCA Sections 3(1)(II) and 3(4). The court noted that the prosecution's case was purely circumstantial and that no test identification parade had been conducted, indicating that the applicant's arrest was based largely on his past antecedents. Relying on these prima facie observations, the court held that there was no compelling reason to deny bail at the pre‑trial stage. Consequently, bail was granted subject to a set of stringent conditions, including a personal bond, surety, regular reporting to the investigating officer, and restrictions on travel and witness tampering. The court expressly clarified that its observations were limited to bail and did not address the merits of the case, which will be decided at trial.
Issues considered
- Whether bail can be granted under Section 439 CRPC when the accused is charged with serious offences under IPC and MCOCA.
- Whether the absence of a test identification parade and reliance on circumstantial evidence justify bail.
- Whether past antecedents alone are sufficient grounds to deny bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 439
- Indian Penal Code — s. 34, 392, 411
- Maharashtra Control of Organized Crime Act, 1999 — s. 3(1)(II), 3(4)
Subjects
- bail
- Section 439
- circumstantial evidence
- test identification parade
- MCOCA
- chain snatching
- pre‑trial detention
- criminal procedure
Judgment
54. BA 3367-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 3367 OF 2026
Mahadev alias Mahadya Ajay Gautam Thorat .Applicant
Vs.
The State of Maharashtra .Respondent
Digitally
signed by
ANAND
ANAND SUDHAKAR Mr. Kuldeep Nikam a/w. Ms. Nishi Singhvi, Advocates, for the
SUDHAKAR SUDAME
SUDAME Date: Applicant
2026.10.07
16:12:13
+0530
Ms. Sangeeta Phad, APP, for the Respondent – State
CORAM : MILIND N. JADHAV, J.
DATE : 05.10.2026
P. C.
1. Heard Mr. Nikam, learned Counsel for the Applicant and
Ms. Phad, learned APP for the Respondent – State.
2. This Application is filed under Section 439 of the Code of
Criminal Procedure, 1973 (for short “CRPC”) in connection with
C.R.No. 631 of 2023 registered with Sangvi Police Station, Pune for
offences punishable under Sections 392, 411 r/w. 34 of the Indian
Penal Code, 1860 (for short “IPC”) and under Sections 3(1)(II) and
3(4) of the Maharashtra Control of Organized Crime Act, 1999 (for
short “MCOCA”).
3. The Applicant is indicted in an offence of chain snatching and is
behind bars for two years and eight months. The evidence of the
Anand 1 of 4
54. BA 3367-2026.doc
prosecution is circumstantial and there is no Test Identification Parade
conducted either which prima facie impels me to consider the
Application for grant of bail, since Applicant is arrested only on the
ground of his past antecedents.
4. Hence, in view of above prima facie observations and finding,
Bail Application of Applicant is allowed subject to the following terms
and conditions:-
(i) Applicant – Mahadev alias Mahadya Ajay Gautam
Thorat is directed to be immediately released from
prison in connection with CR. No. 631 of 2023;
(ii) Applicant is directed to be released on bail on furnishing
P. R. Bond of Rs.10,000/- (Rs. Ten Thousand only) with
one surety of the like amount;
(iii) Applicant shall report to the Investigating Officer at
Sangvi Police Station, Pune, 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 co-operate with the conduct of the trial
and remain present before the Trial Court on all dates,
Anand 2 of 4
54. BA 3367-2026.doc
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;
(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 his 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.
5. 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
Anand 3 of 4
54. BA 3367-2026.doc
uninfluenced with any of the prima facie observations made herein
above in this order.
6. Bail Application is allowed and disposed in the above terms.
(MILIND N. JADHAV, J.)
Anand 4 of 4
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