Bombay High Court
SANKET DHANAJI LANKESHWARversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
Bail is granted to the applicant subject to the conditions specified by the court.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, by Sanket Dhanaji Lankeshwar, who is hearing impaired and has been in prison for two years as Accused No.4 in CR No. 444 of 2025. The case involves alleged assault and homicide at a petrol pump, with CCTV footage showing the applicant in three frames assaulting the deceased, while other accused persons also participated. The victim later died, though the post‑mortem could not conclusively determine the cause of death. The court noted the lack of pre‑meditation, the applicant’s limited role, and the need for trial to determine complicity, and therefore granted bail subject to strict conditions. The order expressly limited its observations to bail and did not address the merits of the criminal charges.
Issues considered
- Whether bail should be granted to the accused under Section 483 BNSS given the nature of the offences and the evidence presented.
- Whether the applicant’s hearing impairment and the absence of pre‑meditation justify bail.
- Whether the conditions imposed are sufficient to ensure the applicant’s attendance and prevent tampering with evidence.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 105, 115(2) r/w 3(5), 118(1)
- Bhartiya Nagarik Suraksha Sanhita, 2023 — s. 483
Subjects
- bail
- criminal procedure
- hearing impaired
- CCTV evidence
- assault
- homicide
- Section 483 BNSS
- pre‑meditation
- conditions of bail
Judgment
11. BA 3623-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 3623 OF 2026
Sanket Dhanaji Lankeshwar .Applicant
Vs.
The State of Maharashtra .Respondent
ANAND
SUDHAKAR Mr. Amolkumar Jadhav (Through VC) a/w. Mr. Siddharth Sutaria,
SUDAME
Digitally signed by
Advocates, for the Applicant
ANAND SUDHAKAR
SUDAME Ms. Sangeeta Phad, APP, for the Respondent – State
Date: 2026.09.29
20:10:07 +0530 Mr. Sushil Londhe, API, Warje Malwadi Police Station, Pune present
CORAM : MILIND N. JADHAV, J.
DATE : 28.09.2026
P. C.
1. Heard Mr. Jadhav, learned Counsel for the Applicant and
Ms. Phad, learned APP for the Respondent – State.
2. This Application is filed under Section 483 of the Bhartiya
Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) in connection with
C.R.No. 444 of 2025 registered with Warje Malwadi Police Station,
Pune for offences punishable under Sections 105, 118(1), 115(2) r/w.
3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short “BNS”).
3. The Applicant before me is hearing impaired and has been
incarcerated for the past two years in prison. He is arraigned as
Accused No.4 in the crime. A group of friends including the deceased
Anand 1 of 5
11. BA 3623-2026.doc
victim were at the petrol pump station for filling the petrol in their
motor cycles when the incident in question had occurred. The incident
in question is captured in 44 frames of the CCTV footage, copy of
which is appended at page Nos. 76 to 78 by the prosecution to indict
the Accused persons on the basis of role of the Accused persons in the
crime. Insofar as the Applicant before me is concerned, he is spotted in
3 out of the 44 frames, inter alia, in one frame at the threshold,
assaulting the deceased victim with hand. The details of the assault are
not stated any further save and except to state that he along with
Accused No. 2 assaulted the deceased victim. However, pursuant
thereto, there are series of assault incidents which prima facie seem to
have happened whereby the deceased has been assaulted by all other
Accused persons save and except the Applicant. However, when the
deceased victim had collapsed pursuant to the assault, the Accused
persons attempted to revive him and it is seen that they were extremely
scared and they sought for help in order to help their unconscious
friend and they made him sit on the motor cycle and ferried him to the
hospital for immediate treatment. However, their friend succumbed to
the injuries. The Injury Certificate appended to the Application which
prima facie shows death due to hemorrhage and internal bleeding. The
cause of Death Certificate has been submitted separately before me by
Anand 2 of 5
11. BA 3623-2026.doc
the prosecution which is dated 05.06.2026. However, insofar as the
Post Mortem Report is concerned, it states that the supposed cause of
death could not be ascertained. However, considering the precise role
of the Applicant in the crime and the fact that the crime was not
committed with any premeditated notion which is prima facie evident
from the various frames of the CCTV footage itself, where all the
parties reconciled with each others and were seen hugging each other
subsequently enures to the benefit of the Applicant for grant of bail.
Needless to state that complicity of the Applicant or any other Accused
person in the crime shall be proved at trial. Accused is granted bail.
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 – Sanket Dhanaji Lankeshwar is directed to be
immediately released from prison in connection with
CR. No. 444 of 2025;
(ii) Applicant is directed to be released on bail on furnishing
P.R. Bond of Rs.20,000/- (Rs. Twenty Thousand only)
with one or two sureties of the like amount;
(iii) Applicant shall report to the Investigating Officer at
Warje Malwadi Police Station, Pune, once every month,
Anand 3 of 5
11. BA 3623-2026.doc
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,
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
Anand 4 of 5
11. BA 3623-2026.doc
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
uninfluenced with any of the prima facie observations made
hereinabove in this order.
6. Bail Application is allowed and disposed in the above terms.
(MILIND N. JADHAV, J.)
Anand 5 of 5
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.