BA/1224/2026 of KISHOR S/O BALAJI SAWALKAR (IN JAIL) Vs THE STATE OF MAHARASHTRA THR PSO., PS JALALKHEDA DIST. NAGPUR on 9 October 2026

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION [B.A.] NO. 1224 OF 2026 Kishor S/o. Balaji Sawalkar -- VERSUS -- The State of Maharashtra __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. Mr. L.B. Khergade, Advocate for the Applicant. Mr. N.R. Rode, A.P.P. for the Non-applicant/State.

CORAM :

M.M. NERLIKAR, J. DATE : OCTOBER 09, 2026.

Heard.

2. The present application is filed seeking regular bail in Crime No.594/2025 for the offence punishable under Section 103(1) of the Bharatiya Nyaya Sanhita, 2023, registered with Police Station Jalalkheda, District Nagpur Rural.

3. Brief facts of the prosecution case are that the informant, Shri Uttamrao Nagorao Gawali, aged 70 years, stated that his son, Sharad Gawali, aged 42 years, was residing with him and was engaged in grazing goats. On 20/11/2025, Sharad went to graze the goats but did not return home. The goats were subsequently brought back by a villager. The informant further stated that his son had

2026:BHC-NAG:13532

allegedly been involved in a love affair with Shevanti Sawalkar for the past one year and suspected that her husband, namely, Kishor Sawalkar, the present applicant, had committed the murder on account of the said relationship. On 21/11/2025, at around 7:00 a.m., Sharad was found dead near the field of Dnyaneshwar Kambhare, with bloodstains on his face. Based on these allegations, the First Information Report (F.I.R.) came to be registered on 21/11/2025.

4. The learned counsel for the applicant submits that the case is based on circumstantial evidence. He submits that the motive alleged against the applicant is that his wife was having an extra- marital relationship with the deceased, Sharad Gawali. He further submits that the entire charge- sheet does not disclose any clinching circumstances against the applicant. The applicant’s presence was allegedly noted at the Jalalkheda Bus Stand at about 2:00 to 3:00 p.m. In this regard, the statement of one witness was recorded; however, apart from stating the applicant’s presence at the Jalalkheda Bus Stand, the said witness has not stated anything further against him. He further submits that the prosecution attempted to establish another circumstance by recording the statement of an auto driver who had allegedly dropped the applicant near the spot of the incident, i.e., at Bhopapur. However, the said witness has not disclosed the name of the present applicant. The Investigating Officer has neither conducted a test identification parade nor seized the mobile phone of the said auto driver, despite the witness stating that the applicant had called him. Even the call detail records (CDRs) of the said auto driver have not been obtained. Under such circumstances, the statement of the said witness would be of no assistance to the prosecution. He further submits that the clothes of the applicant were allegedly seized, and bloodstains were found on the shirt. However, it is not clear from where the said clothes were seized. The applicant was taken into custody on 22/11/2025, whereas the seizure was shown to have been effected on 24/11/2025. Therefore, the chain of custody is apparently not established. In fact, even the arrest panchnama does not indicate that the applicant was wearing the clothes that were subsequently seized. Under such circumstances, the seizure itself gives rise to doubt. Therefore, he submits that the present case is a case of “no evidence”.

5. On the other hand, the learned A.P.P. vehemently opposes the application and submits that there was a strong motive for the applicant to commit the crime, as his wife was allegedly having illicit relations with the deceased, Sharad. Accordingly, the applicant eliminated the deceased. The Investigating Officer has seized two mobile phones, one of which belonged to the deceased. Under such circumstances, it is for the applicant to explain the circumstances during the course of the trial. However, he submits that this circumstance is sufficient to connect the present applicant with the alleged crime. He further submits that there are other circumstances, including the presence of the applicant at the Jalalkheda Bus Stand at about 2:00 to 3:00 p.m. and his subsequent hiring of an auto- rickshaw to reach Bhopapur, which is the nearest place to the spot of the incident whereas the dead body of the deceased was found near the field of Dnyaneshwar Kumbhare. The clothes of the applicant were also seized, and bloodstains were found on his face. The tower location of the applicant’s mobile phone was also at Thugaon village, which is nearer to the spot of the incident. All these circumstances indicate that the applicant had a motive to commit the crime and had intentionally committed the murder of the deceased, Sharad. Therefore, the learned A.P.P. prays for rejection of the application.

6. Upon consideration of the submissions of both sides, it appears from the F.I.R. that the deceased, Sharad, had allegedly been having illicit relations with the wife of the present applicant, Kishor Sawalkar, for the past one year. Prima facie, it appears that the applicant had a motive to kill the deceased. However, upon perusal of the entire record, I do not find any circumstance connecting the applicant with the alleged murder of the deceased, Sharad. It is to be noted that one of the witnesses stated that the applicant was seen at the Jalalkheda Bus Stand at about 2:00 to 3:00 p.m. Further, the statement of an auto driver indicates that he had dropped an unknown person at Bhopapur. However, it is pertinent to note that the said witness has not known the present applicant. Therefore, in the absence of a test identification parade, it is difficult to conclude that the person dropped off by the auto driver at Bhopapur was the present applicant. It is further to be noted that, in his statement, the auto driver, Sheikh Naeem Sheikh Raheem, specifically stated that the applicant had called him at about 4:00 to 4:30 p.m. However, neither the mobile phone of the said auto driver was seized nor were his call detail records (CDRs) obtained. So far as the CDR reports are concerned, as submitted by the learned A.P.P., the tower location of the applicant's mobile phone was traced to an area near the spot of the incident. However, this circumstance, by itself, cannot be taken into consideration in isolation. There must be a complete chain of circumstances to establish the culpability of the applicant. It is further to be noted that, insofar as the seizure of the applicant's clothes is concerned, the applicant was arrested on 22/11/2025, whereas the said clothes were seized on 24/11/2025, i.e., after a gap of two days. However, the place from which the said clothes were seized is not clear from the panchnama. Further, the Investigating Officer did not record in the arrest form that the clothes worn by the applicant at the time of his arrest having bloodstains. Under such circumstances, in my opinion, even this circumstance would not assist the prosecution. Considering the nature of the material collected by the Investigating Officer, in my opinion, there is insufficient material to connect the applicant with the alleged crime. Merely on the basis of motive and CDR reports, the applicant cannot be kept behind bars. Therefore, I am inclined to grant bail to the applicant by imposing stringent conditions. Hence, the following order:

O R D E R

(i) The Criminal Application is allowed;

(ii) The applicant/accused (Kishor S/o. Balaji Sawalkar) be released on regular bail in connection with Crime No.594/2025 for the offence punishable under Section 103(1) of the Bharatiya Nyaya Sanhita, 2023, registered with Police Station Jalalkheda, District Nagpur Rural, on his furnishing a P.R. bond of Rs.50,000/- (Rupees Fifty Thousand) with two solvent sureties in the like amount;

(iii) The accused shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, and also shall not tamper with the evidence;

(iv) The accused shall provide his residential address and cell number to the Police Station concerned and shall not change his place of residence without prior intimation to the Investigating Agency;

(v) Once the trial commences, the accused shall attend each and every date of trial regularly. If he fails to attend the trial for one single date, or fails to comply with the aforesaid conditions, his default would entail the State to ask for cancellation of bail;

(vi) The observations of this Court are prima facie in nature. The Trial Court shall not be influenced by the same;

(vii) Pending Misc. Application(s), if any, also stand disposed of.

[ M.M. NERLIKAR, J ] Piyush Mahajan Signed by: Piyush Ramesh Mahajan Designation: PA To Honourable Judge Date: 09/10/2026 15:35:23