Bombay High Court

Suraj Hanmant SuryawanshiversusThe State of Maharashtra At the instance of Kadegaon, Police Station, District-Sangli

Disposal: Allowed

Holding

The court granted bail to the Applicants, subject to specified conditions.

Summary

The Applicants, accused of offences under Sections 103(1), 152(2) and 352 r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023, were arrested after a spontaneous fight over sugarcane fodder that resulted in the death of Vinayak Dhane. They applied for regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, after the trial court had rejected their earlier bail plea. The court noted that the incident was not pre‑planned, no weapons were used, and the accused are young men who have been in custody since 30 January 2026, while the trial involves 27 prosecution witnesses and will take time. Considering the lack of premeditation and the delay in trial, the court held that continued incarceration was unnecessary. Accordingly, bail was granted subject to a cash bond, sureties, non‑interference with evidence, reporting requirements, and regular appearance before the trial court.

Issues considered

Whether bail should be granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023
Whether the alleged offences are bailable given the nature of the alleged assault and death
Whether the circumstances indicate pre‑meditation or a spontaneous incident

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 152(2), 352 r/w 3(5)

Subjects

bail
criminal procedure
non‑bailable offence
premeditation
trial delay
conditions of bail
Indian criminal law
Bharatiya Nyaya Sanhita
Bharatiya Nagarik Suraksha Sanhita

Judgment

Digitally signed
LAXMIKANT by LAXMIKANT
GOPAL
GOPAL CHANDAN (9) BA-765.26.DOCX
CHANDAN Date: 2026.08.18
10:03:30 +0530
lgc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION

CRIMINAL BAIL APPLICATION NO.765 OF 2026

Suraj Hanmant Suryawanshi & anr, : Applicants.
Versus.
The State of Maharashtra & anr : Respondents.

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Mr. Sampatrao H Lpawar with Advocates Shrikant M Kulkarni,
Kaustubh R Dhongade and Pankaj Dhanawade for the Applicants.
Mr. S. H. Yadav, APP for the Respondents/State.
-------

CORAM : ASHWIN D. BHOBE, J.

DATED : 17 AUGUST 2026
PC:-

1. Heard Mr. Sampatrao Pawar, learned Advocate for the
Applicants and Mr. S. H. Yadav, learned APP for the Respondents –
State.

2. By the present Application under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023, the Applicants seek
Regular Bail in Crime No. 18 of 2026 registered at Kadegaon Police
Station for offences punishable under Sections 103(1), 152(2) and
352 r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023 (“BNS, 2023”).

3. Mr. Sampatrao Pawar, learned Advocate for the Applicants,
states that there are three (3) accused in Crime No.18 of 2026,

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with the Applicants being Accused Nos. 2 and 3. He further states
that Crime No.18 of 2026 has been registered as Sessions Case
No.24 of 2026 and is pending before the Additional Sessions
Judge, Vita (“Trial Court”).

4. The prosecution case is that on 29 January 2026, the
Informant, his wife, son and sister went to Gat No.156 to collect
sugarcane fodder. At that time, Hanmant Bhimrao Suryawanshi
(Accused No.1) and Suraj (Accused No.2) also arrived and began
collecting sugarcane fodder, which led to a fight. The Applicants,
along with Hanmant Bhimrao Suryawanshi, assaulted Vinayak
Dhane (“deceased”) with kicks and fist blows.

5. Applicants were arrested on 30 January 2026. Bail
Application at Exhibit – 6 in Sessions Case No.24 of 2026 filed by
the Applicants was rejected by the Trial Court on 20 July 2026.

6. Mr. Sampatrao Pawar, learned Advocate for the Applicants,
submits that the incident on 29 January 2026 was neither pre-
planned nor did the Applicants intend to kill Vinayak (deceased).
He further submits that the incident occurred at the spur of the
moment due to a dispute over the collection of sugarcane fodder.
He also submits that the Applicants are young boys, aged about 29
and 27, respectively.

7. Mr. S. H. Yadav, learned APP for the Respondents – State,
submits that the Applicants, along with Hanmant Suryawanshi,
assaulted the deceased with kicks and fist blows. However, the
injuries sustained on account of the said assault resulted in the
death of Vinayak. He further submits that the post-mortem report

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indicates the nature of the injuries caused to the deceased on
account of the assault.

8. Perused the records.

9. Records reveal that the incident of 29 January 2026
occurred at the spur of the moment, arising out of a verbal
altercation that escalated into a quarrel and subsequently into a
fight. Prima facie, the material on record does not indicate that the
incident was premeditated. No weapons are alleged to have been
used in the assault. In such circumstances, Mr. Sampatrao Pawar,
learned Advocate for the Applicants, would be justified in
submitting that the incident of 29 January 2026 occurred at the
spur of the moment over the collection of sugarcane fodder.

10. Applicants, young boys, have been in jail since 30 January
2026. The prosecution has enlisted 27 witnesses. Thus, it would
take some time to complete the trial.

11. In view of the above, the continuation of the Applicants’
incarceration pending the trial of Sessions Case No. 24 of 2026 is
not required.

12. This Bail Application is allowed on the following
conditions :-

(a) Applicants are directed to be released on bail in
connection with C.R. No. 18 of 2026 registered at
Kadegaon police Station, District Sangli, upon each of
the Applicants furnishing a P.R. Bond in the sum of Rs.
50,000/-(Rupees Fifty Thousand only) with one or two

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sureties, in the like amount, to the satisfaction of the
Trial Court.

(b) Applicants shall not, directly or indirectly, make
any inducement, threat or promise to any person
acquainted with the facts of the case to dissuade that
person from disclosing the facts to the Court or any
police officer and shall not tamper with evidence.

(c) Applicants shall, within three (3) days of their
release from jail, provide to the Investigating Officer,
Kadegaon Police Station, their residential address with
proof, the contact numbers and must inform the
Investigating Officer about the change in the same from
time to time.

(d) Applicants shall appear and report to the
Investigating Officer, Kadegaon Police Station, on 2nd and
4th Monday of each month from 11.00 am to 12.00 pm,
till the framing of charge in Case No.24 of 2026.

(f) Applicant shall regularly appear before the Trial
Court in Sessions Case No.24 of 2026 as and when the
matter is fixed, unless specifically exempted.

(g) If the Applicants absent himself from appearing
before the Trial Court on the date fixed in Sessions Case
No.24 of 2026, the same would be considered as a
breach of condition and the Trial Court would be at
liberty to pass appropriate orders.

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13. Observations made in this order are prima facie limited to
consideration of the Bail and shall not be treated as findings on the
merits.

14. Criminal Bail Application No.765 of 2026 is disposed of.

(ASHWIN D. BHOBE, J.)

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