Yuvraj Kisan Pawar vs The State Of Maharashtra
2026 Latest Caselaw 3237 Bom

Bombay High Court

Yuvraj Kisan Pawar vs The State Of Maharashtra on 31 March, 2026

Author: N.R. Borkar

Bench: N.R. Borkar

2026:BHC-AS:15237


                                                                                              38-ba-944-26.doc


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              CRIMINAL APPELLATE JURISDICTION
                              BAIL APPLICATION NO. 944 OF 2026

             Yuvraj K. Pawar                                                     ...Applicant
                  V/s.
             The State of Maharashtra                                            ...Respondent.
                                           ..............
             Mr. Akshay Dingale i/b Mr. Vivek Arote for the Applicant.
             Ms S.G. Talhar, APP for the Respondent/State.
                                           ..............
                                         CORAM :          N.R. BORKAR, J.
                                         DATE      :      31.03.2026.
             P.C. :

             1.       This is an Application for regular bail.


             2.       The Applicant came to be arrested in Crime No. 1095 of 2021
             registered         at     Yawat     Police   Station,   Pune       for     the     offences
             punishable under Sections 8(c) and 22(c) of the Narcotic Drugs
             and Psychotropic Substances Act, 1985.


             3.       I have heard Learned Counsel for the Applicant and Learned
             APP for the Respondent-State.


             4.       The bail is sought on the ground of long incarceration as an
             undertrial prisoner and on parity. Learned Counsel for the
             Applicant submits that the Applicant is in jail for a period of four
             years and three months and the trial is still at the stage of framing
             of charge. It is submitted that this court in similar circumstances
             has granted bail to co-accused Umesh Thorat and Uttam Chavan.




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5.       On the other hand, Learned APP for the Respondent-State
submits that the Applicant is involved in serious crime. It is
submitted that the Applicant and other co-accused were found in
possession of commercial quantity of Ganja. It is submitted that
considering the nature of crime, the Applicant may not be
released on bail.


6.       The fact that the Applicant is in jail for four years and three
months and the trial is still at the stage of framing of charge is not
disputed.


7.       The Hon'ble Supreme Court in Dheeraj Kumar Shukla vs.
                                      1
The State of Uttar Pradesh                while dealing with a similar
situation and granting bail has observed:


       "3. ........ It is true that the quantity recovered from the
           petitioner is commercial in nature and the provisions
           of Section 37 of the Act may ordinarily be attracted.
           However, in the absence of criminal antecedents and
           the fact that the petitioner is in custody for the last
           two and a half years, we are satisfied that the
           conditions of Section 37 of the Act can be dispensed
           with at this stage, more so when the trial is yet to
           commence though the charges have been framed."

8.       Considering the overall facts and circumstances of the case, I
am inclined to release the Applicant on bail. Hence, the following
order:




1    2023 SCC OnLine SC 918


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                                    ORDER

i. The Criminal Bail Application is allowed.

ii. The Applicant be released on bail in Crime No. 1095 of 2021 registered at Yawat Police Station, Pune for the offences punishable under Sections 8(c) and 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 on furnishing P.R Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one or two sureties in the like amount.

iii. The Applicant shall not commit any other crime.

iv. The Applicant shall attend the concerned police station once in a month ,i.e., on first Saturday between 11.00 a.m. to 2.00 p.m. till conclusion of the trial.

10. The Criminal Bail Application stands disposed of in the aforesaid terms.

[N.R.BORKAR, J.]