Bunty @ Mahesh Parshram Chavan v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION by GAYATRI RAJENDRA SHIMPI Date:
2025.08.20 20:43:01 +0530 GAYATRI RAJENDRA SHIMPI CRIMINAL BAIL APPLICATION NO. 1056 OF 2025 Bunty @ Mahesh Parshram Chavan ... Applicant Vs.
The State of Maharashtra ... Respondent **** Mr. Aniket Nikam a/w Ms. Abhilasha Pawar, Advocate for the Applicant. Mr. Hitesh P. Shah, Advocate for Intervener.
Mr. A. A. Palkar, APP for Respondent/State.
**** CORAM :
ASHWIN D. BHOBE, J.
DATE :
18th AUGUST, 2025.
P.C. :
1.
Heard Mr. Aniket Nikam, learned Advocate for the Applicant, Mr. Hitesh Shah, Advocate for the Intervener and Mr. A. A. Palkar, learned APP for the Respondent-State.
2.
By the present Application, Applicant is seeking bail in Crime No. I-212 of 2024, registered with Bhadrakali Police Station for the offences punishable under Sections 143, 147, 148, 302, 149, 323, 504, 506 of the Indian Penal Code (for short "IPC") and Section 135 of the Maharashtra Police Act. Said crime is registered as Sessions Case No. 326 of 2024 and is pending before the Court of the Additional District Judge, Nashik.
3.
There are 4 Accused in the present crime. Applicant is Accused No.1.
4.
Case of the prosecution is that in a quarrel resulting from playing cricket in front of the grocery shop of the Complainant, his
father Jitendra Thakur (deceased) was assaulted by the Accused persons. Deceased Jitendra succumbed to the injuries sustained in in the said assault.
5.
Applicant was arrested on 15th June, 2024. Bail Application at Exhibit-2 filed by the Applicant in Sessions Case No.326 of 2024 was rejected by the Additional District Judge, Nashik, vide order dated 27th November, 2024.
6.
Mr. Aniket Nikam, learned Advocate for the Applicant, submits that the Applicant is seeking bail on the sole ground of parity. He submits that co-accused Rajendra Nana Mojad (Accused No.3), having a similar and identical role in the crime, has been released on bail by this Court vide order dated 27th February, 2025 passed in Criminal Bail Application No. 272 of 2025. He tenders a copy of the order dated 27th February, 2025 passed in Criminal Bail Application No. 272 of 2025, which is taken on record and marked 'X' for identification. He refers to the statement of Datta Prabhakar Kolapkar, who is the eyewitness to the incident. By relying on the said statement, he submits that the involvement of the Applicant is similar to the involvement of Accused No. 3 in the said crime.
7.
Mr. A. A. Palkar, learned APP for the State, submits that the involvement of the Applicant is similar and identical to the involvement of Accused No. 5 in the present crime.
8.
Mr. Hitesh P. Shah, learned Advocate for Intervener, submits that the involvement of the Applicant and Accused No. 3 in the present crime is similar and identical. He however, expresses apprehension that the Applicant would interfere with the witnesses and tamper with
evidence, as such, he requests that the bail conditions as imposed in the case of Accused No.3 be imposed on Applicant. 9.
I have perused the records and the order dated 27th February, 2025 (at 'X'), with the assistance of the learned Advocates. 10.
Perusal of the records reveals that the role assigned to the Applicant and Accused No.3 in Crime No.I-212 of 2024 is similar and identical, as submitted by the learned Advocates appearing for the respective parties. Involvement of the Applicant being similar to the involvement of Accused No.3, Applicant would be entitled to bail on the ground of parity.
11.
Apprehensions of the Intervener can be taken care by imposing conditions on the Applicant.
12.
Mr. Aniket Nikam, learned Advocate for the Applicant, on instructions from the Applicant submits that the Applicant shall not enter the jurisdiction of Nashik City Police Station, till the conclusion of trial in Sessions Case No.326 of 2024. Statement is accepted. 13.
In view of the above, the Applicant is entitled to be released on bail.
(a) Applicant is directed to be released on bail in connection with Crime No. I-212 of 2024, registered with Bhadrakali Police Station, Nashik, upon furnishing P.R. Bond in the sum of Rs.25,000/- each with one or two sureties each in the like amount, to the satisfaction of the Additional District Judge, Nashik.
(b) Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts of the case so as to dissuade such person from disclosing the facts to the Court or any police officer and shall not tamper with evidence.
(c) Applicant upon release, within 3 days shall furnish to the Investigating Officer, Bhadrakali Police Station, Nashik, his residential addresses with proof and the contact numbers and to keep the Investigation Officer intimated about the change in the same from time to time.
(d) Applicant shall co-operate in the conduct of the trial and shall regularly attend the hearing of Sessions Case No. 326 of 2024, pending on the file of Additional District Judge Nashik unless exempted.
(e) Applicant shall not enter the territorial jurisdiction of Corporation limits of Nashik City till the conclusion of the trial, except for attending dates before the Trial Court in Sessions Case No. 326 of 2024.
13.
Criminal Bail Application No. 1056 of 2025 disposed of in the above said terms.
(ASHWIN D. BHOBE, J.)