Mahesh Gorakhnath Kasal v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2854 OF 2024 VAISHALI ANIL Mahesh Gorakhnath Kasal ...Applicant Vs.
The State of Maharashtra Mahesh Gorakhnath Kasal
...Respondent
_________________________________________________________________ by VAISHALI ANIL TIKAM Date:
2026.04.08 15:20:36 +0530 Mr. Kuldeep Nikam, Advocate for Applicant.
Smt. R.D. Humane, APP for Respondent-State.
G.P.S.I. S.M. Tavhere, Alephata Police Station present. _________________________________________________________________
CORAM
: SHIVKUMAR DIGE, J.
DATE : 7th APRIL, 2026.
P.C. :
1.
Heard learned counsel for the applicant and learned APP for the State.
2.
By this application, the applicant is seeking regular bail in Crime No. 155 of 2023 registered with Alephata Police Station, Pune Rural for the offence punishable under Sections 302, 201 and 120-B r/w. 34 of the Indian Penal code ('IPC').
3.
It is prosecution's case that on 05/04/2023, Applicant and coaccused murdered the deceased on the ground of business rivalry and old dispute.
4.
It is contention of learned counsel for the Applicant that prosecution case is based on circumstantial evidence. Applicant is behind
bars around three years. There is no progress in the trial. The co-accused - Pandurang Tambe, having similar allegations, has been released on bail by this Court [Coram N.R. Borkar,J.] by order dated 20/01/2026, hence, applicant is entitle for bail on the principle of parity and requested to allow the application.
It is contention of learned APP that applicant and co-accused murdered the deceased on the ground of business rivalry. There is recovery of weapon at the instance of the Applicant. If applicant is released on bail, he may abscond or threaten prosecution witnesses and requested to reject the application.
6.
I have heard both learned counsel. Perused charge-sheet and documents produced on record.
7.
Applicant is behind bars around 3 years. The co-accused Pandurang Tambe, having similar allegations, has been released on bail by this Court. Hence,the Applicant is entitled for principle of parity. 8.
Considering this fact, I pass following order: (i) The Applicant- Mahesh Gorakhnath Kasal be released on bail in Crime No. 155 of 2023 registered with Alephata Police Station, Pune Rural, on furnishing PR bond of Rs.25,000/- with one or two solvent sureties in the like amount.
(ii) The Applicant shall not tamper with the evidence and/or
influence the prosecution witnesses.
(iii) The Trial Court shall decide the case on its own merits and in accordance with law, uninfluenced by the observations made in this order. (iv) The Applicant shall attend the concerned police station, as and when required.
(v) Bail Application is allowed in the aforesaid terms. (SHIVKUMAR DIGE, J.)