Bombay High Court
Shubham Sambhaji Panchal vs State Of Maharashtra on 7 November, 2025
Author: R.N. Laddha
Bench: R.N. Laddha
Digitally
2025:BHC-AS:47403 CHITRA
signed by
CHITRA
SANJAY
SANJAY SONAWANE
SONAWANE Date:
2025.11.07
21:45:16
+0530
Chitra Sonawane. 908-BA-2048-2025.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
Criminal Bail Application No.2048 of 2025
Shubham Sambhaji Panchal
Age- 19 years, Occ - Labourer,
R/at: Madhuban Society,
Colony No.6, Near Krushna Mandir,
Chakrapani Vasahat, Bhosari, Pune
(Presently lodged at Pune Jail) ... Applicant
Versus
The State of Maharashtra
(At the instance of The Sr.P.I.,
Bhosari Police Station, Pune) ... Respondent
----
Mr Kuldeep Nikam, for the applicant.
Mr PP Jadhav, APP, for the respondent/ State.
API Somnath B Tapose, Bhosari Police Station, Pune.
----
Coram: R.N. Laddha, J.
Date: 7 November 2025.
P.C.:
By this application, the applicant seeks bail in connection
with CR No.769 of 2024, registered at Bhosari Police Station,
Pune, for offences punishable under Sections 103 and 109 read
with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS).
2. It is the case of the prosecution that on the intervening
night of 23 and 24 November 2024, at about 12:00 a.m., the
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applicant is alleged to have called the deceased, one Ram, out
of his residence. Upon confronting the deceased regarding his
purported romantic involvement with the applicant's sister, the
applicant is stated to have assaulted the deceased with the
intention to cause his death. The said assault, allegedly carried
out in the company of a co-accused, resulted in grievous
injuries to the deceased. Subsequent to the incident, the
applicant and his associate are stated to have absconded from
the scene. The deceased was thereafter shifted to a nearby
hospital in a severely injured condition, where he ultimately
succumbed to the injuries sustained during the said assault.
3. Mr Kuldeep Nikam, the learned Counsel appearing on
behalf of the applicant, draws the attention of this Court to a
letter dated 24 November 2024, issued by the Assistant Police
Inspector, Bhosari Police Station, and addressed to the Medical
Officer, Medicover Hospital. It is submitted that, as per the
contents of the said communication, the deceased was found at
the scene of the incident in an inebriated condition, having
consumed alcohol, and had collapsed at a location where
cement window frames, tiles, and stones were present. Further,
reliance is placed on the injury certificate dated 24 November
2024, issued by Dr Ninad Patil of Medicover Hospital, wherein
the cause of injury is recorded as a "road traffic accident." This
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medical documentation casts doubt on the prosecution's theory
of homicidal assault and lends credence to the applicant's
contention that the injuries sustained by the deceased were
accidental in nature.
4. It is submitted that the prosecution's case rests entirely on
circumstantial evidence. There are no direct eyewitnesses to the
alleged incident. The statements of other witnesses appear to be
hearsay in nature and lack probative value. The only purported
direct evidence is the alleged extra-judicial confession made by
the applicant to his mother and sister, which is inherently weak
and requires corroboration from independent and credible
sources, which is conspicuously absent in the present case.
5. Mr Nikam further contends that the prosecution alleges
that a scuffle ensued between the applicant and the deceased,
culminating in the commission of murder by the applicant.
However, he highlights that no external injuries were found on
the applicant's person, which undermines the prosecution's
theory of a violent altercation and supports the applicant's
defence that the deceased may have sustained injuries due to an
accidental fall. The two stones and the clothes allegedly
recovered at the instance of the applicant were found to be
devoid of any blood stains. This further weakens the
prosecution's case and fails to establish any nexus between the
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applicant and the alleged offence.
6. Assuming arguendo, the prosecution's case to be true in its
entirety, the learned Counsel submits that the essential
ingredients constituting the offence under Section 103 of the
BNS are not satisfied. The purported call recordings retrieved
from the mobile devices of the applicant and one Gopal
Panchal do not indicate any intention to kill but rather a
sudden altercation possibly triggered by emotional provocation
and alcoholic influence. As per the prosecution's own narrative,
the applicant allegedly witnessed his sister in the company of
the deceased, which purportedly triggered a sudden emotional
outburst. It is further alleged that, under the influence of
alcohol and in a state of impaired judgment, the applicant
followed the deceased and committed the act in question. Such
circumstances, even if accepted at face value, indicate a
spontaneous reaction devoid of premeditation, thereby
attracting a lesser degree of culpability.
7. Mr Nikam emphasises that the incident is alleged to have
occurred on 23 November 2024, following which the deceased
was admitted to the hospital. The deceased was discharged on
24 November 2024, contrary to medical advice, and was
subsequently re-admitted on 26 November 2024. It is only on
30 November 2024, seven days after the alleged incident, that
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the deceased succumbed to his injuries while undergoing
treatment, making the causal nexus between the alleged assault
and death debatable. The learned Counsel also submits that the
present offence involves three accused persons, two of whom
are juveniles and have already been released on bail. The
applicant stands on a similar footing and deserves parity in
consideration. Furthermore, the applicant is ready to abide by
any conditions this Court may impose, including to reside
outside the territorial jurisdiction of the Bhosari Police Station
and undertakes not to seek relaxation of the said condition.
8. On the other hand, Mr Prashant Jadhav, the learned
Additional Public Prosecutor representing the respondent/
State, opposing the present application for bail, has vehemently
contended that the alleged offence is of a grave and serious
nature, involving the commission of murder. It is submitted that
at the relevant time, the applicant, upon witnessing his sister in
the company of the deceased Ram, became enraged and, under
the influence of alcohol, pursued the deceased and fatally
assaulted him. The prosecution further relies upon
incriminating call recordings retrieved from the mobile phones
seized during the investigation, which establish the applicant's
direct involvement in the assault and consequent murder of the
deceased. Additionally, it is pointed out that certain stones,
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used as weapons in the commission of the offence, were
recovered pursuant to the disclosure made by the applicant
during custodial interrogation. The learned APP also draws
attention to the applicant's extra-judicial confession made to his
mother and sister, wherein he admitted to having committed
the said offence.
9. This Court has given anxious consideration to the rival
contentions canvassed across the Bar. It appears from the
record that the prosecution's case is entirely circumstantial.
There are no eyewitnesses to the alleged assault. The only
direct evidence relied upon is the extra-judicial confession,
which, in law, is a weak piece of evidence and requires
corroboration from independent sources, such corroboration is
however lacking in this case. The injury certificate and the
police letter both record circumstances inconsistent with a
homicidal assault. The deceased was found in an inebriated
state, and the injuries were initially described as arising from a
road traffic accident. The absence of blood stains on the
recovered stones and clothes further erodes the evidentiary
value of those recoveries. Furthermore, two juvenile co-accused
have already been granted bail and the applicant has no prior
criminal antecedents. It appears that, at the relevant time, the
applicant was 18 years and 3 months old and had only recently
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attained the age of majority.
10. Even accepting the prosecution's case at face value, prima
facie, the act appears to have occurred in the heat of passion,
following a sudden provocation upon witnessing his sister with
the deceased, and possibly under the influence of alcohol. Such
circumstances negate premeditation and may reduce the offence
to a lesser degree of culpability. Furthermore, the deceased was
discharged against medical advice on 24 November 2024, re-
admitted on 26 November 2024, and ultimately expired on 30
November 2024. The intervening medical events and the delay
in death are relevant considerations at the stage of bail, as they
bear upon the causation chain and degree of culpability.
11. Moreover, in the present case, the investigation has been
duly completed, and nothing remains to be recovered or
discovered from the applicant. A comprehensive charge sheet
has already been filed before the competent Court. The
applicant has been languishing in jail since 25 November 2024,
and despite the lapse of considerable time, the charges have not
yet been framed. The prosecution has cited as many as 24
witnesses, and therefore, the conclusion of the trial is likely to
take a substantial period of time. The apprehension of
tampering with evidence or influencing witnesses can be
addressed by imposing appropriate conditions.
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12. Considering the overall facts and circumstances, the
absence of direct evidence, the contradictory medical
documentation, the clean antecedents of the applicant, the
undertaking of the applicant, and the principle of parity, this
Court deems it fit to grant bail to the applicant. Hence, the
following order:
ORDER
(i) The applicant shall be released on
bail in CR No.769 of 2024, registered at
Bhosari Police Station, Pune, upon
executing a PR Bond of Rs.25,000/- and
furnishing one or more sureties in the like
amount to the satisfaction of the learned
trial Court.
(ii) The applicant shall not tamper with
the evidence or influence witnesses in any
manner.
(iii) The applicant shall not enter the
territorial jurisdiction of the Bhosari
Police Station, Pune, till the conclusion of
the trial proceedings, save and except to
attend the trial proceedings.
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(iv) The applicant upon his release, shall
furnish his residential address with proof
and contact details to the Investigating
Officer, and shall inform the concerned
Officer of any change therein.
(v) The applicant shall attend the trial
proceedings regularly and punctually,
unless exempted by the Court for a valid
reason.
(vi) Any breach of the above conditions
shall entail cancellation of bail.
13. The application stands disposed of accordingly.
[R.N. Laddha, J.]
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7 November 2025
