Bombay High Court
DEHLYA LOTYA PAWARA AND OTHERSversusTHE STATE OF MAHARASHTRA
- Disposal
- DISPOSED OFF
- Bench
- SHAILESH P BRAHME
Holding
The court granted bail to all the applicants, finding no sufficient evidence of a common object or individual culpability under Section 149.
Summary
The High Court of Bombay, Aurangabad Bench considered ten bail applications filed by members of the Pawara family who were accused in Crime No. 167 of 2025 for the death of Podya Pawara. The prosecution alleged that the applicants participated in a mob assault that resulted in Podya's death, invoking several sections of the Bombay Penal Code including 103(1), 109, 332(A), 189(2), 190, 191(2), 191(3), 115(2), 352 and 351(3). The defence argued that the injuries were caused primarily by other accused, that the applicants' roles were marginal, and that the prosecution's case was exaggerated and lacked proof of a common object under Section 149. The court examined the medical report, witness statements, and the Supreme Court’s decision in Shobha Namdev Sonavane v. Samadhan Bajirao Sonvane, concluding that there was no material to show a coordinated unlawful assembly among the applicants. Consequently, the court held that bail should be granted to all the applicants with conditions, noting that individual mens rea could not be established.
Issues considered
- Whether the applicants can be held liable under Section 149 of the Bombay Penal Code for participation in an unlawful assembly.
- Whether the evidence on record establishes the applicants' individual culpability for the murder of Podya Pawara.
- Whether the applicants are entitled to bail pending trial.
Legislation cited
- Bombay Penal Code — s. 103(1), 109, 115(2), 149, 189(2), 190, 191(2), 191(3), 332(A), 351(3), 352
Subjects
- bail
- unlawful assembly
- Section 149
- murder
- tribal community
- evidence assessment
- Bombay Penal Code
Judgment
2026:BHC-AUG:21295
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
BAIL APPLICATION NO. 681 OF 2026
Narottam Mohan Pawara .. Applicant
Versus
The State of Maharashtra .. Respondent
BAIL APPLICATION NO. 848 OF 2026
Vilas Dabanya Pawara .. Applicant
Versus
The State of Maharashtra and another .. Respondents
BAIL APPLICATION NO. 682 OF 2026
Mohan Luvarya Pawara .. Applicant
Versus
The State of Maharashtra .. Respondent
BAIL APPLICATION NO. 685 OF 2026
1] Dehlya Lotya Pawara
2] Dinesh Kurshya Pawara
3] Champa Sama Pawara
4] Ratilal Lotya Pawara
5] Tigan Beda Pawara
6] Ravya Sama Pawara
All above R/o Telkhadi,
Shelbarapada, Tq. Dhadgaon
Dist. Nandurbar .. Applicants
Versus
The State of Maharashtra .. Respondent
BAIL APPLICATION NO. 686 OF 2026
Khema Maharya Pawara .. Applicant
Versus
The State of Maharashtra .. Respondent
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...
Shri P.N. Jain, Advocate for the Applicant (BA/848/2026)
Mrs08/05/2026. Rashmi S. Kulkarni, Advocate a/w Shri Ashish R. Kachole
i/by Mr. Mayur Borse and Shri Sachin Pawara, Advocate for applicants in
other BAs
Shri G.O. Wattamwar, A.P.P. for Respondent – State in all BAs
…
CORAM : SHAILESH P. BRAHME, J.
RESERVED ON : 06.05.2026
PRONOUNCED ON : 08.05.2026
08/05/2026PER COURT :
Heard both sides.
2. The applicants are arrested in furtherance of Crime No. 167 of
2025 registered with Dhadgaon Police Station, Dist. Nandurbar for
the offences punishable U/Sec. 103(1), 109, 332(A), 189(2), 190,
191(2), 191(3), 115(2), 352, 351(3) of BNS. The investigation is
completed and chargesheet is filed on 13.12.2025. They are seeking
bail.
3. It is reported to the Police by Manil son of the deceased Podya
Pawara that his brother Ramdas was being arraigned as an accused
in the offence of rape lodged at the instance of Elabai w/o Kursha
Pawara. Ramdas was taken into custody on 16.09.2025 at 5.00 am.
It is alleged that at about 8.15 am, applicants and the co-accused
formed an unlawful assembly and rushed to the house of the
informant. Being enraged by rape committed by applicant’s brother,
they were searching for Ramdas. Applicant’s father informed them
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about handing over of custody of Ramdas to the Police. The
enraged and uncontrolled mob abused his father. The father is
alleged to have been assaulted by wooden log by Wanya. Co-
accused Narottam, Rosha, Mohan and Khema are alleged to have
assaulted him by sticks, fist and blows. When the family members
of the informant tried to rescue, they were also beaten up. The
unconscious father was dragged out of the house. The relatives
reached to the spot to save father but they were also assaulted by
accused, including applicant by stone and sticks. The unconscious
father is alleged to have been further assaulted by stone by Wanya
and Roshya. Podya succumbed to the injuries.
4. Learned counsel Mrs. Rashmi Kulkarni appearing for the
applicants submits that the prosecution story is exaggerated one.
The injuries found on the body of the deceased do not indicate
incriminating role of the applicants. The fatal injuries are caused
by co-accused Wanya and Rosha. The allegations against the
applicants are omnibus. The injuries on the witnesses are simple in
nature. The prosecution is stated to have been conducted in
surreptitious manner. Before lodging of the FIR, the spot
panchanama was conducted, crime scene notes was also recorded
before lodging of the FIR. The seizure of wooden sticks are from
unprotected area.
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5. It is submitted by learned counsel Mr. Jain that applicant
no. 24 is alleged to have assaulted witness Anil but the injuries are
simple in nature. The co-accused are released on bail. The
supplementary statement also does not attribute any specific role.
6. Learned APP submits that there was a motive for the
applicants to commit the assault on the informant and his family
members. The statements of the injured eye witnesses and injury
certificates corroborate the prosecution theory. The stones and the
sticks are recovered from the spot of the incident and they were
found with blood stains. Applicants actively participated in causing
death of Podya. The persons whose role was marginal, are enlarged
on bail. The ground of parity is not attracted in the case.
7. The assailants, victims and the witnesses are all residents of
village Telkhedi, Shelbarpada, Tal. Dhadgaon, Dist. Nandurbar.
They all are tribals and related inter-se. The informant’s brother
Ramdas was arrested in offence of rape. The incident in question
occurred with a motive to take revenge. In all 24 accused are
arraigned in the offence. Out of them, 12 are granted bail. This
Court is considering plea of bail of 10 accused persons.
8. The involvement of the applicants, at a glance is depicted in
the following table :-
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Sr. BA No. Accused No. Date of Arrest Role
No.
01. 848/2026 A-24 – Vilas 16.09.2025 Assaulted with wooden stick and stone – Kota, Bhaidas,
Anil
02. 681/2026 A-1 – Narottam 16.09.2025 Assaulted (Podya) deceased with fist, kick, stick, stone
03. 682/2026 A-3 – Mohan 16.09.2025 Assaulted deceased with fist, kick, stick and stone
04. 685/2026 A-6 – Dehlya 16.09.2025 Assaulted with fist, kick, wooden stick and stone
A-7 – Dinesh 16.09.2025
A-8 – Champa 16.09.2025
A-14 – Ratilal 17.09.2025
A-17 – Tigan 16.09.2025
A-22 - Ravya 17.09.2025
05. 686/2026 A-5 – Khema 16.09.2025 Assaulted deceased with fist, kick, wooden stick & stone
9. It reveals from the FIR and the statements recorded during the
investigation that informant’s father Podya was first abused by
people and assaulted by accused no. 1 Wanya by wooden log.
Accused no. 1 -Narottam, Accused no. 3 – Mohan and accused no. 5
– Khema, who are before this Court, are alleged to have assaulted
by fists, kicks and blows. Accused no. 4 – Wanya is further alleged
to have assaulted the informant. When Podya became unconscious,
he was further assaulted by accused no. 4 – Wanya and accused
no. 2 – Rosha by stone on his face and head.
10. The injured witness Kota, Bhaidas, Anil, Rinabai, Kutolibai,
Jinabai are not consistently stating in tune with the FIR. Their
statements would indicate omnibus allegations. It could be
gathered that main assailants of deceased Podya were accused no. 4
– Wanya, accused no. 2 – Rosha, as they were holding weapons and
the stones. Applicants - Narottam, Mohan and Khema also
assaulted the deceased but by kicks and blows.
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11. It is relevant to see the post-mortem report. In column no. 17,
three injuries are recorded. In column no. 19, two injuries
including fracture of scalp are recorded. The probable cause of
death is reported to be head injury. The material on record would
indicate that accused no. 1 – Wanya and accused no. 2 – Rosha
would be the author of the fatal injuries on the vital part of the
body.
12. Applicants – Narottam, Mohan, Khema inflicted injuries
without using the weapon. Accused are alleged to have dragged the
deceased. The medical record does not corroborate the prosecution
theory. The allegations appear to be exaggerated.
13. Applicant Dehlya, Dinesh, Champa, Ratilal, Tigan, Ravya are
alleged to have assaulted witnesses Bhaidas, Kota and Anil. I have
gone through the statements and the injury certificates. The
injuries are recorded to be simple in nature. Applicant - Vilas is
alleged to have assaulted Anil but injury is simple in nature. There
is no reason for the applicants to target the witnesses.
14. Weapons are recovered from open premises. The weapon
query report supports the prosecution case. It’s relevance can be
gone into during the course of trail. The FIR was lodged on
16.09.2025 at about 20.15. The forensic report indicates visit to the
spot at 20.22, referring to CR No. 161 of 2025 which creates doubt.
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However, that cannot be the sole factor to castigate the
investigation. An objective scrutiny is required to be undertaken to
come to any definite conclusion before commenting upon the
manner of investigation.
15. I find that huge mob had gathered and the assault took place.
Mens rea cannot be attributed to applicants individually.
Considering their roles, they are entitled to be released on bail.
Applicant – Narottam is a teacher working in Z.P. school at
Telkhadi.
16. Learned APP has vehemently pressed into service section 149
of BNS and the judgment dated 23.02.2026 of the Supreme Court in
Shobha Namdev Sonavane Vs. Samadhan Bajirao Sonvane and
others. I have gone through paragraph nos. 26, 27 and 30 of the
judgment. The criminal liability of the member of an unlawful
assembly would be co-extensive. In the case at hand, there is no
material to indicate that there was common object and knowledge
amongst the members of the unlawful assembly. There is nothing
on record to comment that they had formed an unlawful assembly
to carry out the object. This aspect can be gone into during the
course of trial.
17. I, therefore, pass the following order : -
A. The Bail Applications are allowed.
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B. Applicants – Narottam Mohan Pawara, Vilas Dabanya Pawara,
Mohan Luvarya Pawara, Dehlya Lotya Pawara, Dinesh Kurshya
Pawara, Champa Sama Pawara, Ratilal Lotya Pawara, Tigan Beda
Pawara, Ravya Sama Pawara and Khema Maharya Pawara, shall be
released on bail in respect of Crime No. 167 of 2025 registered with
Dhadgaon Police Station, Dist. Nandurbar for the offences
punishable U/Sec. 103(1), 109, 332(A), 189(2), 190, 191(2), 191(3),
115(2), 352, 351(3) of BNS on condition of furnishing P. R. bond and
S. B. of Rs.20,000/- (Rs. Twenty Thousand) each with one solvent
surety each of like amount.
C. The applicants shall not tamper with prosecution evidence or
contact with the prosecution witnesses.
D. The applicants shall be prohibited to enter Telkhadi,
Shelbarapada, Tq. Dhadgaon, Dist. Nandurbar till commencement
of the trial except applicant – Narottam Mohan Pawara in Bail
Application No. 681 of 2026.
E. Applicant – Narottam Mohan Pawara in Bail Application
No. 681 of 2026 shall report to the concerned Police Station on
every Sunday between 10.00 am. and 3.00 pm. till commencement
of the trial.
F. The applicants shall furnish their addresses and contact
numbers to the Investigating Officer.
G. The applicants shall cooperate in expeditious disposal of trial.
H. The applicants shall surrender their Aadhar and Pan cards to
the investigating officer.
( SHAILESH P. BRAHME, J.)
arp/-
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