Bombay High Court

DEVENDRAPPA AADMAS PAWARversusSTATE OF MAHARASHTRA AND ANR.

Disposal: Allowed

Holding

The Court held that continued detention is not warranted given the delay, lack of charge framing and the nature of the injuries, and therefore granted bail with conditions.

Summary

Devendrappa Aadmas Pawar, accused of murder, attempt to murder and criminal conspiracy under IPC sections 302, 307 and 120‑B read with 34, applied for regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The trial court had earlier rejected his bail, but the High Court noted that the post‑mortem report showed contused lacerated wounds inconsistent with the alleged use of a sharp‑edged spearhead, suggesting lack of intent to kill. The Court also observed that the applicant had been in custody for over two and a half years, that charges had not yet been framed, and that the trial was significantly delayed. In view of these circumstances, the Court granted bail subject to a Rs.50,000 bond and several reporting and non‑interference conditions. The bail application was therefore disposed of in the applicant’s favour.

Issues considered

Whether bail should be granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for offences of murder, attempt to murder and criminal conspiracy.
Whether the nature of the injuries (contused lacerated wounds) negates the prosecution’s claim of a fatal injury caused by a sharp‑edged weapon.
Whether the prolonged pre‑trial detention of over two and a half years violates the right to a speedy trial and warrants bail.
Whether bail can be granted despite the seriousness of the offences and the pending trial.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
Indian Penal Code, 1860 — s. 120-B, 302, 307, 34

Subjects

bail
pre‑trial detention
murder
IPC 302
IPC 307
criminal conspiracy
Section 483 BNS
speedy trial
contused lacerated wounds
sharp‑edged weapon

Judgment

27-BA-455-2026.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
BAIL Application NO. 455 OF 2026
Devendrappa Aadmas Pawar ...Applicant
Versus
State of Maharashtra And Anr. ...Respondents
----
Mr. Satyavrat Joshi (through V.C.) a/w Yash Fadtare, Vaibhav Halake
and Sairaj Suryawanshi, Advocate for the Applicant.
Mr. S. H. Yadav, APP for the Respondent – State.
HC S. S. Dhekale, Murgud Police Station, is present.
_-------
CORAM : ASHWIN D. BHOBE, J.
DATE : 6th October, 2026.
P.C. :

1. Heard, Mr. Satyavrat Joshi, learned Advocate for the Applicant

and Mr. S. H. Yadav, learned APP for the Respondent – State.

2. By the present Application filed under Section 483 of the

Bharatiya Nagarik Suraksha Sanhita, 2023, the Applicant seeks regular

bail in connection with Crime No. 46 of 2024, registered at Murgud

Police Station, for offences punishable under Sections 302, 307 and

120-B read with Section 34 of the Indian Penal Code, 1860.

3. Mr. Satyavrat Joshi, learned Advocate for the Applicant, states

that there are three (3) accused in Crime No. 46 of 2024, with the

Applicant as Accused No. 1. He submits that Crime No. 46 of 2024 has
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now been registered as Sessions Case 127 of 2024 and is pending before

the Additional Sessions Judge, Kolhapur (“Trial Court”).

4. In brief, the prosecution case is that on 06.02.2024, at about 6:30

p.m., the Applicant and the co-accused committed the murder of the

wife of the Informant (Siksen Murlidhar Bhosale) during a quarrel that

escalated into a fight due to a prior dispute between them. The weapon

used in the assault was a Spearhead (“भा्याचे पाते”).

5. The Applicant was arrested on 07.02.2024. The Bail Application

at Exhibit-4, filed by the Applicant in Sessions Case No. 127 of 2024,

was rejected by the Trial Court on 06.02.2025.

6. Mr. Satyavrat Joshi, learned Advocate for the Applicant, by

referring to the statement of the Informant, submits that the allegations

against the Applicant are that the assault at the hands of the Applicant,

which was aimed at the Informant, landed on the wife of the Informant

(deceased), who sustained injuries to her chest and neck. He submits

that the allegations appear to be exaggerated. He submits that the

Informant has specifically stated that the weapon used in the crime is a

Spearhead (भा्याचे पाते). He, by referring to the memorandum of
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postmortem, submits that the injuries on the deceased are “Contused

Lacerated Wounds” (CLW). He submits that at the most the incident can

be said to be out of a scuffle, wherein there was no intention on the part

of the Applicant to kill the deceased or any person involved in the said

scuffle. He submits that accused no. 2 (Piyush @ Titan Aadmas Pawar),

who is said to have assisted the applicant in the assault, has been

released on bail by this court vide order dated 03.12.2025, passed in

Criminal Bail Application No. 1173 of 2025,

(Coram : Shivkumar Dige, J.). Mr. Satyavrat Joshi refers and relies

paragraph Nos. 5 and 6 of the order dated 03.12.2025, which read as

thus :-

5. I have heard both learned counsel, perused F.I.R.
and documents produced on record. As per prosecution's case,
the applicant had caught hold the first informant whereas co-
accused tried to assault the first informant but his wife came in
between, got injured and died.

6. Considering these facts as well as applicant is
behind bar for more than 10 months and there is no progress in
trial, I pass following order:

7. Mr. S. H. Yadav, learned APP for the Respondent - State, submits

that the weapon used by the Applicant to assault the deceased is a

sharp-edged weapon, i.e. a spearhead (भा्याचे पाते). He submits that,

irrespective of the injuries sustained by the deceased, those injuries led

to the deceased's death. He further submits that the weapon used in the
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assault bears blood stains and clothes have also been recovered. As

such, according to Mr. S. H. Yadav, learned APP, the offence under

Section 302 of the Indian Penal Code, 1860, is clearly made out.

8. Perused the records with the assistance of the learned Advocates

for the parties.

9. The allegations in the FIR against the Applicant are that the

Applicant used a sharp-edged weapon [Spearhead (भा्याचे पाते)] during

the assault on the deceased. A perusal of the postmortem memorandum

(Page Nos. 50 to 57 of the Application paperbook) indicates that the

injuries on the deceased's body are of CLW.

10. Prima facie, Mr. Satyavrat Joshi, learned Advocate for the

Applicant, is justified in his submission that if a sharp-edged weapon

was used to assault the deceased, the injuries would not be of the

nature referred to in the postmortem examination of the deceased.

11. The Applicant has been in jail for almost 2 and a half years since

his arrest on 15.02.2024.

12. Mr. Satyavrat Joshi, learned Advocate for the Applicant, states

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that the Charge has not yet been framed in Sessions Case No. 127 of

2024. He therefore relies on the observations in paragraph 6 of the

order dated 03.12.2025 regarding the period spent in jail by Accused

No. 2.

13. The prosecution has enlisted 30 witnesses and therefore the

conclusion of the trial, which has not commenced for almost 2 and a

half years, will take considerable time.

14. In the circumstances stated hereinabove, the continuation of the

Applicant in jail pending the trial of Sessions Case 127 of 2024 is not

warranted. This Application is allowed on the following condition :-

(a) Applicant is directed to be released on Bail in

connection with C.R. No. 46 of 2024, registered with

the Murgud Police Station, upon furnishing a P.R. Bond

in the sum of Rs. 50,000/- (Rupees Fifty Thousand

Only) with one or two sureties, in the like amount, to

the satisfaction of the Additional Sessions Judge,

Kolhapur, in Sessions Case No. 127 of 2024.

(b) Applicant shall not, directly or indirectly, make

any inducement, threat or promise to any person
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acquainted with the facts of the case to dissuade that

person from disclosing the facts to the Court or any

police officer. Applicant shall not tamper with

evidence.

release from jail, provide to the Investigating Officer,

Murgud Police Station, his residential address with

proof, the contact numbers and must inform the

Investigating Officer about the change in the same

from time to time.

(d) Applicant shall report to the Investigating

Officer, Murgud Police Station, on the 2nd Monday of

each month, from 10:00 a.m. to 12:00 noon, until the

conclusion of trial in Sessions Case No. 127 of 2024.

(e) Applicant shall regularly appear before the Trial

Court, in Sessions Case No. 127 of 2024, as and when

the matter is fixed, unless specifically exempted. If the

Applicant fails to appear before the Trial Court, on the

date fixed, it shall be treated as a breach of condition

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and the Trial Court, shall be at liberty to pass

appropriate orders.

(f) In the event of any default in complying with the

conditions or misuse of the liberty granted to the

Applicant, the prosecution shall be at liberty to seek

cancellation of bail.

15. Bail Application No. 455 of 2026 is disposed of.

(ASHWIN D. BHOBE, J.)

Digitally
signed by
ARJUN
ARJUN KRISHNA
KRISHNA RODGE
RODGE Date:
2026.10.07
11:18:25
+0530

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