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Bombay High Court

PRASHANT SARANGDHAR SHIRSATHversusSTATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

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

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.

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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



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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.)




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