Sachin Vijay Dongare v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3446 OF 2025 Sachin Vijay Dongare .... Applicant

Versus

The State of Maharashtra .... Respondent ----- Mr. Vikrant V. Phatate, Advocate for the Applicant. Ms. Veera Shinde, A.P.P., for the Respondent - State. ----- CORAM : SHIVKUMAR DIGE, J.

by SHANTANU SHANKARSA DHUDUM Date:

2025.10.13 19:18:52 +0530 SHANTANU SHANKARSA DHUDUM DATE : 10th OCTOBER, 2025.

P.C. :

1.

By this application, the Applicant is seeking regular bail in C.R. No. 443 of 2023 registered with Vishrambaug Police Station, District: Sangli, for the offences Punishable under Section 302, 120(B), 201, 385, 143, 144, 147, 148, 149, 504, 506 and 212 of the Indian Penal Code, 1860 (for short, "IPC") along with Sections 3, 4, 25 and 27 of the Arms Act, 1959, and Sections 3(1)(i), 3(1)(ii), 3(2), 3(4), and 4 of the Maharashtra Control of Organized Crime Act, 1999 (for short, MCOC Act").

2.

It is prosecution's case that on 17th June 2023 at 8:00 p.m. Shantanu S. Dhudum 1/4

when the complainant was sitting with the deceased Nalsab Mulla, at that time, four unknown persons came there and fired at the deceased and they assaulted on his body with sword. Due to said assault the deceased died on the spot. The allegations against the Applicant are that he conspired to kill the deceased.

3.

It is contention of learned counsel for the Applicant that this Court has released the co-accused on bail, who had provided gun for the said murder. The allegations against the Applicant is of conspiracy, hence Applicant is entitled for bail on principle of parity. The Applicant is behind bars for more than two years and six months. Hence, requested to allow the application.

4.

It is contention of learned APP that the Applicant is member of organized crime syndicate. He has five antecedents. He had conspired to kill the deceased. If the Applicant is released on bail, he may abscond. The role attributed to the accused who has been released on bail and the Applicant is different. Learned APP further submitted that there were calls between the Applicant and co-accused. Hence, requested to reject the application.

5.

I have heard both learned counsel, perused F.I.R. and documents produced on record.

Shantanu S. Dhudum 2/4

6.

The role attributed to the Applicant is of conspiracy. To prove it, evidence is required. The co-accused Alpak Kamble has been released on bail by this Court. The allegations against him that he had provided gun for the said assault. Considering these facts, the Applicant is entitled for bail on the ground of principle of parity, and I pass following order:

ORDER

i. Application is allowed.

ii. The Applicant be released on bail in connection with C.R. No. 443 of 2023 registered with Vishrambaug Police Station, District: Sangli, on furnishing P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount.

iii. The Applicant shall attend the concerned police station as and when required.

iv. The Applicant shall not tamper with the evidence or attempt to influence or contact the complainant, witness or any person concerned with the case. 7.

The application is allowed in the aforesaid terms and is accordingly disposed off.

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8.

It is made clear that the above observations are made only for the purpose of granting bail and the Trial Court shall decide the case on its own merits in accordance with law and uninfluenced by the observations made in this order.

9.

All concerned to act on the authenticated copy of this order. ( SHIVKUMAR DIGE, J.) Shantanu S. Dhudum 4/4