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Bombay High Court

KUNAL BIRWADKARversusSTATE OF MAHARASHTRA AND ANR

Decided
Disposal
Disposed Off

Holding

The bail granted to Respondent No.2 remains valid and the petition for its cancellation is dismissed.

Summary

The petitioner, Kunal Birwadkar, filed a writ petition under Articles 226 and 227 of the Constitution challenging the bail granted on 1 February 2018 to Respondent No.2 in a case under IPC sections 506(2) and 506(4). He alleged that he had been threatened, relying on complaints dated 3 July 2017 and 11 December 2020, and sought cancellation of the bail. The Additional Chief Metropolitan Magistrate had earlier rejected the petition for cancellation, holding that supervening circumstances and reliable evidence of threat were lacking, and the subsequent appeal against that order was dismissed as non‑maintainable. The High Court examined the record, found no cogent evidence of threat and no indication that the accused had misused the liberty for six years, and therefore concluded that the petition lacked substance. Consequently, the court dismissed the writ petition, leaving the bail order intact.

Issues considered

  • Whether the bail granted to Respondent No.2 should be cancelled on the ground that the petitioner was threatened.
  • Whether the application for cancellation of bail is maintainable in the absence of cogent and reliable evidence of threat.
  • Whether the dismissal of the criminal appeal challenging the bail order was legally valid.

Legislation cited

Subjects

  • bail
  • cancellation of bail
  • threat to complainant
  • criminal appeal
  • writ petition
  • Articles 226
  • Articles 227
  • IPC 506
  • High Court

Judgment

                                                    51-WP-4037-2025.DOC




          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 CRIMINAL APPELLATE JURISDICTION
             CRIMINAL WRIT PETITION NO.4037 OF 2025


Kunal Birwadkar                                       …Petitioner
      Versus
The State of Maharashtra & Anr.                       …Respondents


Mr. Kunal Birwadkar, the Petitioner present in-person (through
Video Conferencing).
Mrs. Savita M. Yadav, APP, for the Respondent-State.


                       CORAM:       MADHAV J. JAMDAR, J.
                       DATED :      28th SEPTEMBER 2026
PC:-


1.       Heard Mr. Birwadkar, the Petitioner, who appears in-person

through Video Conferencing and Mrs. Yadav, learned APP

appearing for the Respondent-State.



2.       By this Writ Petition filed under Articles 226 and 227 of the

Constitution of India, the challenge is to the legality and validity of

the order dated 1st February 2018 granting bail to the Respondent

No.2 passed by the learned Metropolitan Magistrate, Kurla, order

dated 22nd December 2023 passed by the learned Additional Chief

Metropolitan Magistrate, 11th Court, Mumbai, rejecting the




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application for cancellation of the bail and the order dated 24 th

April 2025 passed by the learned Additional Sessions Judge, C.R.

No.88, Sessions Court, Mazgaon, Greater Mumbai, rejecting

Criminal Appeal No.462 of 2024 challenging the said order dated

22nd December 2023.



3.       Perusal of the record shows that the said C.R. No.208 of

2017 has been filed on 7th June 2017 under Sections 506(4) and

506(2) of the Indian Penal Code, 1860 (“IPC”). In the said case, by

order dated 1st February 2018, the learned Metropolitan

Magistrate, Kurla has granted bail to the Applicant. Thereafter, the

Application bearing Exhibit-15 was filed by the Petitioner i.e. First

Informant/Complainant for cancellation of bail granted by said

order dated 1st February 2018 to the Respondent No.2. By order

dated 22nd December 2023 passed by the learned Additional Chief

Metropolitan Magistrate, while rejecting the said Application, it

has      been   observed   that   there    ought   to    be   supervening

circumstances for cancellation of bail. Only on the allegation that

the original Complainant has been threatened, without cogent and

reliable evidence, personal liberty of the accused cannot be

curtailed. The said order has been challenged by the Petitioner in-




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person by filing Criminal Appeal No.462 of 2024 before the

learned Additional Sessions Judge, Sessions Court, Mazgaon,

Mumbai and the said Appeal has been dismissed mainly on the

ground that the same is not maintainable.



4.       It is the submission made by the Petitioner in-person that the

Petitioner has been threatened. To substantiate the contention that

the Petitioner has been threatened, the Petitioner who has

appeared in-person (through Video Conferencing) relied on the

complaint dated 3rd July 2017 which he has filed to the higher

authorities of Bhabha Atomic Research Centre, Trombay annexed

at Exhibit-F (pages 123 to 127 of the Writ Petition) and the

complaint dated 11th December 2020 annexed at pages 129 to 131.

However, the said complaints are dated 3rd July 2017 and 11th

December       2020.   Thus,   the   observations    of   the   learned

Metropolitan Magistrate and the learned Additional Sessions

Judge, Mumbai that there is no cogent and reliable evidence to

show that the Petitioner has been threatened and therefore, liberty

granted to the Respondent No.2 cannot be curtailed, is a possible

view.




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        5.       In any case, there is nothing on record to indicate that the

        Respondent No.2 has misused the liberty for last six years.



        6.       Accordingly, there is no substance in the prayer of the

        Petitioner to cancel the bail, which has been granted to the

        Respondent No.2 by order dated 1st February 2018.



        7.       The Writ Petition is dismissed.




                                                   [MADHAV J. JAMDAR, J.]



       Digitally
       signed by
       SONALI
SONALI MILIND
MILIND PATIL
PATIL Date:
       2026.09.28
       18:25:00
       +0530




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