Bombay High Court

SUNIL SAMADHAN MASKEversusTHE STATE OF MAHARASHTRA AND ORS

Disposal: Allowed

Holding

The High Court allowed the bail application, granting regular bail with conditions, as the evidence against the applicant was weak and continued detention was unwarranted.

Summary

The applicant, Sunil Samadhan Maske, a 19‑year‑old, was arrested in June 2023 in connection with the murder of Santosh Jagannath Salunkhe, alleged under IPC sections 302, 397, 201 and 34. The prosecution’s case rests mainly on circumstantial evidence and an alleged extrajudicial confession to a private individual, which the court noted requires corroboration. The applicant had been in custody for over three years, while only two of fifteen witnesses had been examined and a co‑accused in similar circumstances had already been released on bail. The High Court observed that the sole adverse material – the applicant being the last person seen with the deceased and the recovered money and clothing – was insufficient to justify continued detention. Consequently, the court granted regular bail with a personal bond of Rs 15,000 and imposed standard conditions regarding appearance before the police and court.

Issues considered

Whether the applicant is entitled to bail despite the prosecution’s reliance on circumstantial evidence and an alleged extrajudicial confession.
Whether the length of pre‑trial detention (over three years) and the status of the trial warrant continued custody.
Whether the recovered money and clothing constitute sufficient adverse circumstances to deny bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
Indian Penal Code, 1860 — s. 201, 302, 34, 397

Subjects

bail
extrajudicial confession
circumstantial evidence
pre‑trial detention
IPC murder
Section 483 B.N.S.
criminal procedure

Judgment

5-BA-916-2026.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 916 OF 2026
Sunil Samadhan Maske ...Applicant
Versus.
The State of Maharashtra And Ors. ...Respondents
-----
Mr. Kunal Patil a/w Rajnandini Katkar, Advocate for the Applicant.
Mr. N. B. Patil, APP for the Respondent – State.
-------
CORAM : ASHWIN D. BHOBE, J.
DATE : 1st October, 2026.
P.C. :

1. Heard Mr. Kunal Patil, learned Advocate for the Applicant and Mr.

N. B. Patil, 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 C.R. No. 533 of 2023, registered at Sangola

Police Station, for offences punishable under Sections 302, 397 and 201

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

3. Mr. Kunal Patil, learned Advocate for the Applicant, states that

there are three (3) accused in Crime No. 533 of 2023, with the

Applicant as Accused No. 1, Ajay Shivaji Raut as Accused No. 2 and the

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third accused being the CCL.

4. Mr. Kunal Patil, learned Advocate for the Applicant, states that

Crime No. 533 of 2023 is now registered as Sessions Case No. 196 of

2023 and is pending before the Court of the Additional Sessions Judge,

Pandharpur. (“Trial Court”).

5. FIR is lodged by the daughter of Santosh Jagannath Salunkhe

(“deceased”), alleging that the deceased was found dead on

16.06.2023. There were injuries on his body and an unknown person

murdered him for an unknown reason.

6. Mr. Kunal Patil, learned Advocate for the Applicant, was arrested

on 20.06.2023. The Bail Application filed by the Applicant in Sessions

Case No. 196 of 2023 was rejected on 08.09.2025.

7. Mr. Kunal Patil, learned advocate for the Applicant, states that

the prosecution case is based on circumstantial evidence. He submits

that the allegations against the Applicant are almost identical to those

against Ajay Shivaji Raut (Accused No. 2). He further submits that the

only difference in the allegations against the Applicant is the

extrajudicial confession alleged to have been made by the Applicant to

Bira Maruti Randive.
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8. Mr. Kunal Patil, learned Advocate for the Applicant, relies on

paragraphs 5 and 6 of the order dated 05.01.2026, passed in Bail

Application No. 3558 of 2025 (Coram : Nitin B. Suryawanshi, J.), which

reads as follows :-

“5. Learned APP has vehemently opposed the
application and submitted that there is circumstantial
evidence against the applicant as the applicant was
last seen with the deceased and there is recovery of
amount of Rs. 1105/- and clothes from the applicant.
Since the applicant has committed serious crime of
murder, he is not entitled for the bail.

6. It prima facie appears from the record
that the only circumstance against the applicant is that
he was last seen in the company of the deceased.
Recovery of amount of Rs. 1105/- from the applicant,
at this stage, cannot be said to be an adverse
circumstance. So also, recovery of clothes of the
applicant himself also cannot be termed as a
circumstance weighing against the applicant. Since last
more than two and half years, applicant is behind the
bars and trial is not likely to conclude in near future.
Therefore, further custodial detention of the applicant,
in the facts of the present case, is not warranted.”

9. Mr. N. B. Patil, learned APP for the Respondent – State, submits

that although the prosecution case is based on circumstantial evidence,

the circumstances against the Applicant are that he was last seen in the

company of the deceased and that he made an extrajudicial confession.

He further submits that the deceased was brutally assaulted, which

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resulted in his death.

10. Perused the records with the assistance of the learned Advocate

for the parties.

11. The case against the Applicant rests on the alleged extrajudicial

confession made by the Applicant to Bira Maruti Randive. An

extrajudicial confession is a very weak form of evidence and requires

corroboration. This issue would have to be considered at the stage of

trial.

12. The Applicant is a 19 year old boy, as submitted by Mr Kunal

Patil.

13. Considering that Accused No. 2 has been released on bail in

almost similar circumstances and that the Applicant has been in jail for

3 years and 4 months from the date of his arrest, only two witnesses in

Sessions Case No. 196 of 2023 have been examined out of the 15

witnesses, the continuation of the Applicant’s detention pending trial in

Sessions Case No. 196 of 2023 is not warranted.

14. In view of the above, the present Bail Application is allowed in

the following terms:

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(a) The Applicant in Crime No. 533 of 2023

registered with Sangola Police Station, shall be

released on bail upon furnishing a PR bond of Rs.

15,000/- (Rupees Fifteen Thousand Only) with one or

two sureties in the like amount, to the satisfaction of

the Additional Sessions Jude, Pandharpur in Sessions

Case No. 196 of 2023.

(b) Applicant 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. Applicant shall not tamper with

evidence in any manner.

Officer, Sangola Police Station, 2nd Monday of each

month from 10:00 am to 12:00 noon until further

orders from the Trial Court.

(d) Applicant shall within three (3) of his release

provide the Investigating Officer, Sangola Police

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Station, with his residential address and proof thereof,

his contact number and must inform the Investigating

Officer, of any changes to this information from time

to time.

(e) The Applicant shall regularly appear before the

Trial Court in Sessions Case No. 196 of 2023,

whenever the matter is fixed, unless specifically

exempted.

(f) If the Applicant fails to appear before the Trial

Court on the date fixed, the same would be treated as

a breach of condition and the Trial Court would be at

liberty to pass appropriate orders.

15. Criminal Bail Application No. 916 of 2026 is disposed of.

(ASHWIN D. BHOBE, J.)

Digitally
signed by
ARJUN
ARJUN KRISHNA
KRISHNA RODGE
RODGE Date:
2026.10.01
20:28:57
+0530

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