Bombay High Court
GEETA JANARDAN VISHWAKARMAversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
The court granted bail to the applicant with specified conditions.
Summary
The applicant, Tabrez Idris Memon, was charged under several sections of the Bharatiya Nyaya Sanhita, 2023 for assaulting a tempo cleaner and a passenger, and for pushing the latter off a bridge, resulting in the victim's death. The trial court had denied bail, prompting the present application. The judge noted that the alleged killing occurred in a sudden fight arising from a heat‑of‑passion reaction to a traffic collision, with no evidence of pre‑meditation and that the applicant has no prior criminal record. The victim's widow, represented by counsel, consented to a voluntary compensation of Rs 20,00,000, which the court held did not constitute an admission of guilt. Balancing these factors, the court granted bail subject to a personal bond, a payment schedule, and standard conditions to ensure the applicant’s attendance and non‑interference with the investigation.
Issues considered
- Whether bail should be granted in a murder case where the alleged act was committed in the heat of passion without premeditation.
- Whether the applicant’s willingness to pay compensation to the victim’s family influences the bail decision.
- Whether the applicant’s clean criminal record and the circumstances of the incident justify bail.
- What conditions are appropriate to impose if bail is granted.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 109(1), 115(2), 117(2), 126(2), 351(2), 352
Subjects
- bail
- murder
- assault
- heat of passion
- Bharatiya Nyaya Sanhita
- compensation
- personal bond
- criminal procedure
Judgment
HEMANT
CHANDERSEN H.C.SHIV 906.BA2615.26.DOC
SHIV
Digitally signed by
HEMANT IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CHANDERSEN SHIV
Date: 2026.10.07
CRIMINAL APPELLATE JURISDICTION
15:02:10 +0300
BAIL APPLICATION NO.2615 OF 2026
Tabrez Idris Memon …Applicant
V/s.
The State of Maharashtra …Respondent
WITH
INTERIM APPLICATION NO.2426 OF 2026
IN
BAIL APPLICATION NO.2615 OF 2026
Geeta Janardan Vishwakarma …Applicant
V/s.
The State of Maharashtra …Respondent
Mr. Rizwan Merchant, Sagar Shete, Faisal Shaikh, Akash Ghadage
for the Applicant.
Mr. Vinod Chate, APP for Respondent No.1.
Mr. M. B. Gandhi for the Applicant in I.A. No.2426/2026
CORAM: SHYAM C. CHANDAK, J.
DATED : 6th OCTOBER 2026
P.C. :-
. Heard learned Counsel for the parties. Perused the record.
2. Present Application seeks release of the applicant on bail in
Sessions Case No.31 of 2026, in connection with FIR bearing Cr.
No.24 of 2026, registered with Manor police station, Palghar for the
offence punishable under Sections 103(1), 109(1), 126(2), 115(2),
117(2), 351(2) and 352 of the Bharatiya Nyaya Sanhita, 2023
(“BNS”) on the report dated 8 th February 2026, filed by the first
informant.
3. The prosecution case is that, on 7 th February 2026, at about
8.20 p.m., on the Mumbai-Ahmedabad Highway, the applicant was
proceeding towards Mumbai in his car, while the deceased was
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H.C.SHIV 906.BA2615.26.DOC
following the said car in his tempo. The informant was travelling in
the tempo as a cleaner. It is alleged that the applicant suddenly
applied brakes, whereupon the tempo dashed against the rear
portion of the car. Being frightened by the said occurrence, the
deceased drove the tempo ahead. The applicant thereafter allegedly
chased the tempo and intercepted it at the Varai river overbridge. It
is further alleged that the applicant slapped the informant and
assaulted the deceased by giving fist blows. During the course of the
said incident, the applicant allegedly took the deceased towards the
side of the bridge and pushed him therefrom with the intention of
causing his death. The deceased sustained injuries in the said
incident, pursuant to which the aforesaid crime came to be
registered and the applicant was arrested. The deceased succumbed
to the injuries two days thereafter. Upon completion of
investigation, chargesheet came to be filed. The learned trial Court
declined to release the applicant on bail. Hence, the present
application.
4. Considering the rival submissions and material on record, it
appears that the car of the applicant was damaged due to dash by
the tempo. Therefore, in the fit of rage, the applicant chased and
stopped the tempo. He further assaulted the informant and the
deceased and, in the same state of mind, he pushed the deceased
from the bridge. Said act ultimately caused the death of the
deceased. Thus, it is apparent that, the offence is committed without
premeditation in a sudden fight in the heat of passion upon a
sudden quarrel. The applicant has no criminal antecedents.
5. Mr. Merchant, learned counsel for the applicant, on
instructions, submitted that the applicant is ready to extend
monetary assistance of Rs.20,00,000/- to the family of the
deceased, voluntarily and without prejudice. It is made clear that
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H.C.SHIV 906.BA2615.26.DOC
such payment shall be without prejudice to the rights, contentions
and defence of the parties before the trial Court and in any
proceedings arising out of the subject crime. The wife of the
deceased, is present before this Court. She through her learned
Advocate Mr. Gandhi stated that, she is willing to accept the said
amount, having regard to the fact that she is a daily wage earner,
her income is meagre and, she is required to maintain three minor
children. She has further stated, through Mr. Gandhi, that she has
no objection if the applicant is released on bail.
6. In the backdrop and taking a holistic view of the matter, the
applicant may be released on bail. Thus, I am inclined to allow the
application. Hence, following Order, in the interest of justice :-
(i) The Applicant – Tabrez Idris Memon be released on
bail in aforesaid FIR bearing Cr. No.24 of 2026, registered
with Manor police station, Palghar, on his executing P.R.
Bond in the sum of Rs.50,000/- with one or two sureties in
the like amount.
(ii) The applicant – Tabrez Idris Memon, as voluntarily
undertaken, shall pay Rs.20,00,000/- to Smt. Geeta
Janardan Vishwakarma w/o deceased, as under :-
(a) Rs.10,00,000/- before his release from jail,
(b) Rs.5,00,000/- on or before 30th October 2026, and
(c) Rs.5,00,000/- on or before 30th November 2026.
(d) The effect of this direction is limited to this case. It
shall not be treated as a precedent.
(iii) The applicant shall regularly attend the proceedings
before the jurisdictional Court unless exempted by the said
Court, for the reasons to be recorded in writing.
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H.C.SHIV 906.BA2615.26.DOC
(iv) The applicant shall not tamper with the prosecution
evidence and shall not directly or indirectly influence upon
the prosecution witnesses to prevent them from deposing
against him.
(v) It is clarified that aforesaid payment of Rs.20,00,000/-
by the applicant shall not be construed as admission of his
guilt and, payment of the said amount will be without
prejudice to the rights, contentions and defence to be raised
by the parties, including their LRs, before the trial court and
the proceedings that may arise out of the said crime.
(vi) On being released from jail, the applicant shall furnish
his contact number and residential address to the
Investigating Officer and shall keep him updated, in case
there is any change.
(vii) The applicant shall not indulge in identical activities for
which he has been arraigned in this case.
(viii) It is clarified that any observation made in the present
order are for the purpose of deciding the present Bail
Application and should not influence the outcome of the trial
and also not be taken as an expression of opinion on the
merits of the case.
7. Bail Application and I.A. No.2426/2026 seeking intervention
stand disposed of in aforesaid terms.
(SHYAM C. CHANDAK, J.)
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