Bombay High Court
PRASHANT SARANGDHAR SHIRSATHversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
- Bench
- SHIVKUMAR DIGE
Holding
The court granted bail to the applicant with conditions, finding that the prolonged detention and lack of trial progress outweighed the prosecution's concerns.
Summary
The High Court considered a bail application filed by Prashant Sarangdhar Shirsath, who is charged under Sections 109, 351(2) and 351(3) of the Bharatiya Nyaya Sanhita, 2023 for allegedly assaulting a person with a sickle to extort Rs.1 lakh. The applicant had been in custody for more than one year and six months, and the trial had not progressed despite the charge‑sheet being filed. The prosecution argued that the applicant had violent antecedents, posed a risk of absconding, and could intimidate the victim and witnesses. The court noted the prolonged pre‑trial detention and lack of trial progress, and concluded that bail could be granted subject to strict conditions to prevent interference with the investigation. Accordingly, the court ordered the release of the applicant on bail with a cash bond and sureties, and imposed conditions restricting his movement and conduct.
Issues considered
- Whether the applicant is entitled to bail despite the seriousness of the offences under the Bharatiya Nyaya Sanhita, 2023.
- Whether the risk of absconding or tampering with evidence justifies denial of bail.
- Whether the prolonged pre‑trial detention and lack of trial progress warrant granting bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 351(2), 351(3)
Subjects
- bail
- criminal procedure
- pre‑trial detention
- assault
- Bharatiya Nyaya Sanhita
- trial delay
- conditions of bail
Judgment
10-BA-4117-2025.doc
N.S.Kamble
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 4117 OF 2025
Prashant Sarangdhar Shirsath … Applicant
Versus
State Of Maharashtra … Respondent
____________________________________________________________
Digitally signed
NILAM by NILAM
SANTOSH
SANTOSH KAMBLE Mr.Shailesh Kharat a/w Mr.Onkar Chaudhari, Mr.Vishwajeet Nimbalkar,
KAMBLE Date: 2026.02.18
18:35:37 +0530
for the Applicant.
Mr.P.P. Jadhav, APP for Respondent-State.
Mr.Sagar Shelake, PSI, Shirur Police Station, Pune Rural.
____________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 17th FEBRUARY 2026
P.C. :
. By this Application, the Applicant is seeking regular bail in
Crime No.799 of 2024 registered with Shirur Police Station, Pune, for
the offences punishable under Sections 109, 351(2), 351(3) of the
Bharatiya Nyaya Sanhita, 2023 (‘BNS’ for short).
2. It is prosecution’s case that on 29th September 2024 around
6.00 p.m., the Applicant demanded Rs.1 lakhs from the First
informant. When the First Informant refused to pay amount, the
Applicant assaulted him with sickle with an intention to kill him.
Page 1 of 3
10-BA-4117-2025.doc
N.S.Kamble
3. It is contention of learned counsel for the Applicant that the
Applicant is behind bars for more than one year and six months.
There is no progress in trial, and requested to allow the Application.
4. It is contention of learned APP that the Applicant has
antecedents. He tried to kill the First Informant by assaulting him with
sickle. The First Informant sustained serious injuries. If the Applicant
released on bail, he may abscond or threaten First Informant and
prosecution witnesses, and requested to reject the Application.
5. I have heard both learned counsel. Perused charge-sheet and
documents produced on record.
6. The Applicant is behind bars for more than one year and six
months. There is no progress in trial. The investigation is completed
and charge-sheet has been filed. It may take time to conclude the trial.
7. Considering these facts, I pass following order.
ORDER
(i) The Applicant-Prashant Sarangdhar Shirsath be
released on bail in Crime No.799 of 2024 registered with
Shirur Police Station, Pune, on furnishing PR bond of
Page 2 of 3
10-BA-4117-2025.doc
N.S.Kamble
Rs.25,000/- with one or two solvent sureties in the like
amount.
(ii) The Applicant shall not enter in the jurisdiction of
Shirur Police Station till recording of evidence of First
Informant, except attending Court dates.
(iii) The Applicant shall not tamper with the evidence
and/or influence the prosecution witnesses.
(iv) The Trial Court shall decide the case on its own
merits and in accordance with law, uninfluenced by the
observations made in this order.
(v) The Applicant shall attend the concerned Police
Station as and when required.
(vi) Application is allowed in the aforesaid terms.
(SHIVKUMAR DIGE, J.)
Page 3 of 3
Checking your session…