HARSHWARDHAN @ HARSHAL CHOUDHARI vs STATE OF MAHARASHTRA

Judgment text excerpt

902-APL-333-2026.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.333 OF 2026 Harshwardhan @ Harshal Choudhari Aged 37 years, R/at Vishwajeet Apartment, Flat No.10, Busari Colony, Kothrud, Pune. …Applicant Versus 1. State of Maharashtra (Through Kothrud Police Station, Pune) 2. Sourab Shivkumar Suman Age – 38 years, Occ. Service R/at. C 1202, ITEO, Homes, Hinjewadi, Pune …Respondents Mr. S. M. M. Owais T. Jahagirdar a/w. Mr. Vahid Shaikh and Mr. Ibrahim I. Sayyed, for the Applicant. Ms. Kranti T. Hirvale, APP, for Respondent No.1-State. Mr. Kuldeep U. Nikam a/w. Mr. Prasad Avhad, for Respondent No.2. Mr. Mohan Chavan, PSI, Kothrud Police Station, Pune City, Pune, present in Court. CORAM: MADHAV J. JAMDAR, J. DATED : 16th JUNE 2026 P. C.: 1. Heard Mr. Jahagirdar, learned Counsel appearing for the Applicant, Ms. Hirvale, learned APP appearing for Respondent No.1-State and Mr. Nikam, learned Counsel appearing for Respondent No.2. Page 1 Sonali 902-APL-333-2026.DOC 2. By the present Criminal Application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), the Applicant is challenging the legality and validity of the order dated 29th January 2026 passed by the learned Additional Sessions Judge, Pune in Bail Application No.5697 of 2025, whereby the bail granted to the Applicant vide order dated 19th August 2025 by the learned Judicial Magistrate First Class (for short “JMFC”) in C.R. No.184 of 2025 was cancelled. 3. This matter was listed yesterday. When the matter was called out yesterday immediately learned APP stated that the Applicant is absconding. The learned APP pointed out earlier orders where no stay has been granted and particularly, order dated 18 th April 2026 passed by a l