Uttam Jaisaram Sndesha Mali v. The State Of Maharashtra

2025:BHC-AUG:37248 1 BA / 2362 / 2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 2362 OF 2025 UTTAM JAISARAM SUNDESHA-MALI

VERSUS

THE STATE OF MAHARASHTRA AND BAIL APPLICATION NO. 2359 OF 2025 PRASHANT JALINDAR SHINDE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for applicant : Mr. A.D. Sonkawade (BA/2362/2025) Advocate for applicant : Mr. J.S. Kadam (BA/2359/2025) APP for the respondent - State : Ms. R.R. Tandale ...

CORAM

: SACHIN S. DESHMUKH, J.

DATE : 22 DECEMBER 2025 PER COURT :

1.

Leave to correct the name of applicant in the application. 2.

The applicants have approached this Court seeking regular bail in connection with FIR bearing Crime No. 426 of 2023 dated 24.12.2023 registered with Anandnagar Police Station, Dist. Dharashiv for the offences punishable under section 395, 120-B, 342, 412, 201 and 75 of the Indian Penal Code, under section 3, 25 of the Arms Act.

3.

In the complaint registered by the cashier of Jyoti Cooperative Credit Society Ltd., Dharashiv, it is alleged that on 23.12.2023 at about 5.30 pm, when the complainant along with Manager and bank staff were doing their work, two unknown persons

2 BA / 2362 / 2025 entered the bank and three other followed then and they directly went to the cabin of the Manager. One of them, caught hold collar of the complainant and at the point of gun, forced the complainant to proceed towards the Manager. One of the accused was armed with knife and others were having pistol.

At the point of gun, the accused threatened the complainant and other employees not to move. One of the accused entering the cabin of cashier, took out cash of Rs.1,40,000/- and also forced to open the locker containing gold ornaments worth Rs.1,85,68,000/- and placed the same in a sack and also took mobile phones and personal belongings of the complainant and the manager and left the bank by shutting down the shutter of the bank. Accordingly, the complaint came to be lodged against the unknown persons for robbery.

4.

Learned counsel for the applicants submits that the applicants are not involved in the alleged crime and are falsely implicated in the same. It is further submitted that the co-accused, namely, Udayan Belaudayan Vallikalail has been released on bail by the Apex Court in Criminal Appeal No 4340 of 2025, vide order dated 07.10.2025. Subsequently, the co-accused, namely, Sumit Bihari Dilaware has also been released on bail by this Court in Bail Application No. 1464 of 2025, vide order dated 12.11.2025. It is further submitted that the applicants are alleged to have identical role with the aforementioned co-accused. Hence, prayed for bail on the ground of parity.

5.

Learned APP has vehemently opposed the application, submitting that the alleged offence involves huge public money and there is sufficient material on record to establish the complicity of the present applicants. Learned APP also expressed an apprehension that

3 BA / 2362 / 2025 if released, the applicants may flee away and there is every likelihood of they tampering with the prosecution witnesses. Hence, prayed to reject the applications.

6.

Admittedly, the co-accused Udayan Belaudayan Vallikalail has been released on bail by the Apex Court vide order dated 07.10.2025. Perusal of the said order indicates that the identically placed accused Udayan had raised the ground that no incriminating material was recovered at his instance and he had been in jail for a prolonged period. The Apex Court, considering the period of incarceration and the likelihood of trial being not concluded in near future, was pleased to grant bail to the co-accused Udayan. Subsequently, this Court on the same ground, had granted bail to coaccused, namely, Sumit vide order dated 12.11.2025. 7.

Having heard the submission from both sides and upon perusal of the material on record including the chargesheet, incidates that the applicants i.e. Prashant Shinde and Uttam Mali are in custody since 13.01.2024 and 22.03.2024, respectively. Since the applicants are identically placed with co-accused Udayan and Sumit, these are similarly placed on the ground of parity, they deserve to be enlarged on bail.

8.

Neverthless, investigation is complete for all intent and purpose. Resultantly, chargesheet is filed. Having regard to the numbe of the accused and the witnesses which the prosecution propsoes to examine, it is very unlikely that the trial can be commenced and concluded within a reasonable period. As such, further detention of the applicant as an under-trial prisoner, in the circumstances of the case does not seem to be either warranted or

4 BA / 2362 / 2025 justifiable. I am, therefore, persuaded to exercise the discretion in favour of the applicant.

9.

Resultantly, the following order is passed :-

ORDER

(I) Applications are allowed.

(II) Applicants, Uttam Jaisaram Sundesha-Mali and Prashant Jalindar Shinde, be released on regular bail upon furnishing P.R. bonds in the sum of Rs.1,00,000/- (One Lakh only) each with one or two local solvent sureties each in the like amount, in connection with Crime No. 426 of 2023 dated 24.12.2023 registered with Anandnagar Police Station, Dist. Dharashiv for the offences punishable under section 395, 120-B, 342, 412, 201 of the Indian Penal Code, under section 3, 25 of the Arms Act, on the following conditions :- (a) The applicants shall not leave the jurisdiction of District Dharashiv without leave of the trial Court.

(b) The applicants are directed to attend the concerned Police Station and report to the Investigatin Officer between 10.00 am to 12.00 pm on 1st day of each month till framing of the charge. (c) Applicants shall attend each and every date of the trial Court without fail unless exempted by the the trial Court on emergent considerations.

(d) The applicant shall not influence with any of the prosecution witnesses or tamper with the evidence, in any manner. (e) Before their actual release from jail, the applicants shall furnish their addresses where they propose to reside after their release from jail and phone numbers of the applicants and two of the near relatives, to the concerned Police Station and also to the Trial Court.

(f) The applicants shall submit their Aadhar and Pan Cards details to the Investigating Officer.

5 BA / 2362 / 2025 (g) In case of infraction of the above conditions and / or two consecutive defaults in marking his attendance before trial Court, it shall attract the provisions of Section 439(2) of Cr.P.C. i.e. for cancellation of bail.

10.

Needless to state that the observations rendered hereinabove are to the extent of consideration of the bail applications and the trial Judge may not get influenced by these observations and shall consider the cases on the basis of the evidence on record and in accordance with law.

[ SACHIN S. DESHMUKH ] JUDGE arp/