Dattatray Hariba Bandgar And ANR v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

by GAYATRI RAJENDRA SHIMPI Date: 2025.08.08 10:59:54 +0530 GAYATRI RAJENDRA SHIMPI CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 809 OF 2025 Dattatray Hariba Bandgar & Anr.

... Applicants Vs.

The State of Maharashtra ... Respondent **** Mr. Vikram V. Tare Patil a/w Mr. Sachin N. Nangare, Advocate for the Applicants.

Mr. T. G. Khan, APP for Respondent/State.

**** CORAM :

ASHWIN D. BHOBE, J.

DATE :

5th AUGUST, 2025.

P.C. :

1.

Heard Mr. Vikram V. Tare Patil, learned Advocate for the Applicants and Mr. T. G. Khan, learned APP for the Respondent-State. 2.

By the present Application, Applicants are seeking bail in Crime No.304 of 2023 registered with Ichalkaranji Police Station, District Kolhapur for the offences punishable under Sections 3 & 4 of the MPID Act, 1999. Said crime is registered as Special Case No. 70 of 2023 and is pending on the file of the Court of Additional Sessions Judge, Ichalkaranji District Kolhapur.

3.

There are 15 accused in the present crime.

4.

Applicants were arrested on 15th September, 2023. Bail Application No.178 of 2024 filed by the Applicants was rejected by the Additional Sessions Judge, Ichalkaranji on 5th December, 2024.

5.

Mr. Vikram V. Tare Patil, learned Advocate for the Applicants, submits that the Applicants are seeking bail on the sole ground of parity. He submits that Accused Nos.1,6, 8, 13, 16 & 17 have been released on bail by this Court. He submits that the Accused Nos.2, 4 and 5 have been released on pre-arrest bail by this Court. He submits that accused No.14 is before the Hon'ble Division Bench in a Petition under Section 528 of 'BNSS', wherein he has been protected by an interim order. He submits that the involvement of the Applicants in the present crime is similar and identical to the involvement of the aforesaid accused who are released on bail. He submits that the Applicants are, therefore entitled to bail on the ground of parity.

6.

Mr. T. G. Khan, learned APP for the State, submits that the involvement of the present Applicants (accused Nos.10 & 11) are similar and identical to the involvement of the Accused Nos.1, 2, 4, 6, 7, 8, 13, 16 & 17 in the present crime. He submits that considering the involvement of the Applicants to be similar and they being granted bail the case of the Applicants can be considered on the ground of parity. 7.

I have perused the record and the orders granting bail to the Accused Nos. 1, 5, 6,7,8, 13, 16 & 17 with the able assistance of learned Advocates for the parties.

8.

Perusal of the charge-sheet reveals that the role assigned to the Applicants (accused Nos. 10 & 11) is similar and identical to the role assigned to Accused Nos. 1, 5, 6,7,8, 13, 16 & 17 in the said crime, as submitted by Mr. Vikram V. Tare Patil and Mr. T. G. Khan. Said accused are released on bail. Involvement of the Applicants being similar and identical to involvement of the other accused in the crime who are

granted bail, Applicants would be entitled to bail on the principle of parity. In view of the above, the Applicants are released on bail. 9.

In view of the above, Bail Application is allowed on the following conditions :- (a) Applicants are released on bail in Crime No. 304 of 2023 registered with Ichalkaranji Police Station upon furnishing a P.R. Bond in the sum of Rs. 25,000/-each with one or two sureties in the like amount, to the satisfaction of the Additional Sessions Judge, Ichalkaranji.

(b) Applicants shall not directly or indirectly make any inducement, threat, or promise to the Complainant or any person acquainted with the facts of the case, and shall also not tamper with the evidence.

(c) Applicants upon release within 3 days shall furnish his residential addresses with proof and contact details to the Investigating Officer, Ichalkaranji Police Station, Ichalkaranji. (d) Applicants shall co-operate in the conduct of the trial and shall regularly attend the hearing of Special Case No. 70 of 2023, pending on the file of Additional Sessions Judge, Ichalkaranji unless exempted.

10.

Criminal Bail Application No. 809 of 2025 is allowed in the above said terms.

(ASHWIN D. BHOBE, J.)