Bombay High Court
ROHIDAS NAMDEO SONAWANEversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
The court granted bail to the applicant subject to specified conditions.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by Rohidas Namdeo Sonawane, accused No.3 in a murder case (C.R. No.46 of 2024) involving IPC sections 302, 201, 120B and 34. The applicant had been in custody for over two and a half years and was not named in the FIR; his arrest was based solely on a co‑accused's confessional statement and call detail records indicating communication with the applicant. The prosecution presented only circumstantial evidence and the first informant had turned hostile, leading the court to find no direct overt act attributable to the applicant. Weighing the seriousness of the charges against the lack of concrete evidence and the applicant’s prolonged pre‑trial detention, the court deemed bail appropriate. Accordingly, the court granted bail on a personal bond of Rs.25,000 with two sureties and imposed standard conditions, including regular reporting to the investigating officer and non‑interference with witnesses. The order was limited to bail and did not address the merits of the underlying criminal case.
Issues considered
- Whether the accused is entitled to bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 despite being charged with serious offences under the IPC.
- Whether the circumstantial evidence and the hostile stance of the first informant justify the grant of bail.
- Whether the applicant's prolonged pre‑trial detention infringes his right to liberty warranting bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Indian Penal Code — s. 120B, 201, 302, 34
Subjects
- bail
- circumstantial evidence
- IPC 302 murder
- IPC 201 concealment of dead body
- IPC 120B criminal conspiracy
- IPC 34 common intention
- Section 483 BNSS 2023
- high court
- pre‑trial detention
Judgment
31.BA.3657.2026.doc
HARSHADA H. SAWANT
(P.A.)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.3657 OF 2026
Rohidas Namdeo Sonawane .. Applicant
Versus
The State of Maharashtra .. Respondent
....................
Ms. Shubhangi Parulekar a/w. Ms. Grishma Parab, Advocates for
Applicant.
Ms. Sangeeta E. Phad, APP for Respondent.
...................
CORAM : MILIND N. JADHAV, J.
DATE : SEPTEMBER 30, 2026
P.C.:
1. Heard Mr. Parulekar, learned Advocate for Applicant and
Ms. Phad, 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.46 of 2024 registered with Alandi Police Station, Pune for offences
punishable under Sections 302, 201, 120B and 34 of the Indian Penal
Code, 1860.
3. Applicant in the present case is arraigned as Accused No.3 in
the present crime. He is incarcerated for past more than 2 years and 6
months in prison. No direct role is attributed to the Applicant in so far
actual incident and act is concerned. The only case of prosecution is of
circumstantial evidence. Accused is neither named in the First
Information Report. He came to be arrested only on the basis of
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confessional statement of the co-accused of his complicity in the crime
but to what extent his complicity was there has not been explained
neither it has been preliminarily investigated by the prosecution.
4. All that prosecution comes up with is the fact that there are
certain Call Detail Records which shows that one of the co-accused
person was in constant contact with the present Applicant and
therefore the Applicant is implicated in the crime. No specific overt act
having been attributed to the Applicant before me. Investigation
having been completed, evidence being that of circumstantial in nature
and no criminal antecedents either persuade me to consider the case of
Applicant for grant of bail. Prima facie, it is seen that First Informant
has turned hostile and not supported the case of prosecution either.
5. Considering the aforesaid, Applicant is released on bail
subject to following conditions:-
(i) Applicant - Rohidas Namdeo Sonawane is
directed to be immediately released from prison
in connection with Crime No. 46 of 2024;
(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 or two surety /
sureties of the like amount;
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(iii) Applicant shall report to the Investigating Officer
at Alandi Police Station, Pune 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 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.
6. 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
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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.
7. 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: 2026.09.30
14:40:06 +0530
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