Bombay High Court
RADHA MOHAN MISHRAversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
The court modified condition No.viii to allow communication with co-accused lawyers while retaining it for all other persons.
Summary
The applicant, Radha Mohan Mishra, filed an interim application seeking modification of condition No.viii in the bail order dated 07.09.2026. The issue arose because several co-accused persons were also advocates representing the applicant, and the applicant sought clarification on whether communication with them was permissible. The court heard counsel for both sides and clarified that communication with co-accused who are lawyers advising the applicant would be allowed, thereby modifying condition No.viii accordingly. The modification applies only to those lawyer co-accused and remains in force for all other persons. The interim application was allowed and disposed.
Issues considered
- Whether condition No.viii of the bail order should be modified to permit communication with co-accused persons who are advocates representing the applicant
Subjects
- bail
- interim application
- modification of condition
- co-accused lawyers
- criminal procedure
Judgment
43.IA.3323.2026.doc
HARSHADA H. SAWANT
(P.A.)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.3323 OF 2026
IN
BAIL APPLICATION NO.3495 OF 2026
Radha Mohan Mishra .. Applicant
Versus
The State of Maharashtra .. Respondent
....................
Mr. Salman K. Pathan a/w. Mr. Pratik Tendulkar, Mr. Anshuman
Asare and Mr. Nauman Pathan, Advocates for Applicant.
Mr. Sukanta A. Karmakar, APP for Respondent.
PI – Kanchan Jadhav, Unit-04, Crime Branch, City Pune.
...................
CORAM : MILIND N. JADHAV, J.
DATE : SEPTEMBER 30, 2026
P.C.:
1. Heard Mr. Pathan, learned Advocate for Applicant and Mr.
Karmakar, learned APP for Respondent.
2. Interim Application is filed seeking modification of condition
No.viii in the order dated 07.09.2026 appended at Exhibit-A, page
No.12.
3. Mr. Pathan informs the Court that some of the co-accused
persons are Advocates and lawyers representing and espousing the
cause of the Applicant. Hence he would seek appropriate clarification
with regard to the aforesaid condition.
4. After hearing Mr. Pathan, it is clarified that to the extent of
having communication with the co-accused persons who are involved
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43.IA.3323.2026.doc
in the present crime and who are the lawyers and advising the
Applicant to that extent the condition No.viii stands appropriately
modified. However, it shall otherwise apply to all other persons.
5. Interim Application is allowed and disposed.
H. H. SAWANT [ MILIND N. JADHAV, J. ]
Digitally signed
by HARSHADA
HARSHADA HANUMANT
SAWANT
HANUMANT Date:
SAWANT 2026.09.30
14:49:53
+0530
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