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Bombay High Court
Prakash Gunwant Poharkar vs State Of Maharashtra Thr Pso Ps City ... on 3 February, 2026
2026:BHC-NAG:1738
Order 030226ba1255.25
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION [BA] NO. 1255 OF 2025.
Prakash Gunwant Poharkar
-VERSUS-
State of Maharashtra
Office notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's Orders
or directions and Registrar's orders.
Shri B.A. Barthe, Advocate for the Applicant.
Shri A. Mate, A.P.P. for the Non-applicant/State.
CORAM : M.M. NERLIKAR, J.
DATE : FEBRUARY 03, 2026.
Heard.
2. The applicant came to be arrested on 07.06.2025 in
connection with Crime No.141/2025 registered with City
Police Station, Akola for the offence punishable under Sections
109 [1] and 352 of the Bhartiya Nyaya Sanhita, 2023 (BNS).
3. The first information report is lodged by Police
Head Constable Surendra Dabhade on behalf of
Chandrashekhar Gawande, alleging that Shri Gawande is
residing alone and in front of his house, the applicant is
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residing. On 09.05.2025, when the applicant was standing
near a betel shop, nephew of applicant took out tobacco pouch
from the pocket of Gawande, and went away. Therefore, the
informant asked the applicant to call upon his nephew to
return his tobacco pouch, on which the applicant verbally
abused him and poured petrol on his legs and ignited fire.
Gawande was successful in extinguishing the fire, but,
thereafter, the applicant poured petrol on his head and chest
and again set him on fire. Due to which he sustained serious
injuries. Therefore the first information report came to be
lodged.
4. The learned Counsel for the applicant submits that
there was no intention on the part of the present applicant to
commit the offence of attempt to murder. He submits that it
was out of anger, he had initially poured petrol on legs and
lateron on entire body and set the informant on fire. However,
as soon as he realized, he immediately tried to extinguish the
fire in which both his hands got burnt. Thus, considering the
nature of allegations and the fact that the applicant had no
intention and was also injured in the said incident, he may be
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released on bail.
5. On the other hand the learned A.P.P. submits that
on a trifle issue, i.e. asking the applicant to call his nephew
Rupesh to return tobacco pouch, the incident had taken place.
The applicant was annoyed, and initially poured petrol on the
informant's legs, however, that was extinguished, but, later on
the applicant again poured petrol on entire body and ignited
fire. This by itself is sufficient to infer that the applicant was
having every intention to commit murder, and the later
realization is of no use. He further submits that there are 40%
burn injuries on the person of the victim. My attention is
invited to the statement of various eye witnesses and lastly it is
submitted that the applicant does not deserve to be released on
bail, considering the gravity of the offence.
6. I have heard the rival submissions canvassed by the
parties. Admittedly it appears that initially the applicant has
poured petrol on the leg of the victim which was extinguished.
Later on he has poured petrol on the head and chest and set
the victim on fire. However, immediately it appears that the
applicant himself tried to extinguish the fire and suffered
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injuries to his hands. Till that time, the victim had suffered
40% burn injuries. Not only that there are also eye witnesses
to the incident, but, considering the role which was played by
the applicant at later point of time, and further the fact that the
applicant is in jail since 07.06.2025, coupled with the fact that
investigation is over, charge sheet is filed, I am inclined to grant
the applicant bail. Hence, the following order.
ORDER
(i) Criminal Application is allowed and disposed
of.
(ii) The applicant /accused Prakash Gunwant
Poharkar be released on regular bail in
connection with Crime No.141/2025 registered
with City Police Station, Akola for the offence
punishable under Sections 109 and 352 of the
Bhartiya Nyaya Sanhita, 2023 (BNS) on his
furnishing P.R. Bond of Rs.50,000/- with two
sureties in the like amount.
(iii) The accused shall not enter within the
territorial jurisdiction where the informant is
residing, till the completion of the trial.
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(iv) The accused shall not directly or indirectly
make any inducement, threat or promise to any
person acquainted with the facts of the case, as
also shall not tamper with the evidence.
(v) The accused shall provide his residential address
and cell number to Police Station concerned
and shall not change his place of residence
without prior intimation to the Investigating
Agency.
(vi) The accused shall attend each and every date of
trial regularly. Failure on his part to attend the
trial for two consecutive dates, or to comply
with the aforesaid conditions, his default would
entail the State to ask for cancellation of bail.
(vii) The above observations are prima facie in
nature, and restricted for the purpose of
deciding this application. The Trial Court shall
not get itself influenced by said observations,
during the course of trial.
(viii) Misc. Applications, if any, are also disposed of.
JUDGE
Signed by: R.G. Dhuriya (RGD)
Designation:Rgd.
PS To Honourable Judge
Date: 03/02/2026 18:31:41
