Sachin Babaso Chavan v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1940 OF 2025 HARISH VITHAL CHAUDHARI Sachin Babaso Chavan ... Applicant.

Vs.

State Of Maharashtra ... Respondent.

by HARISH VITHAL CHAUDHARI Date:

2025.06.27 21:01:32 +0530 --- Mr. Balwant Salunkhe for the Applicant.

Mr. P. H. Gaikwad APP for the Respondent/State. --- CORAM : ASHWIN D.BHOBE, J.

DATE : 27th JUNE, 2025.

P.C. :

1.

Heard Mr. Balwant Salunkhe, learned advocate for the Applicant and Mr. P. H. Gaikwad, learned APP for the Respondent State.

2.

By the present Bail Application, filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNNS), the Applicant is seeking bail in connection with Cr. No. 72/2023, registered with Sangli Rural Police Station, Sangli, for the offences punishable under Section 8(C), 20(b), (ii)(c) and 29 of Narcotic Drugs And Psychotropic Substances Act, 1985.

3.

There are seven accused in the present crime. Mr. Balwant Salunkhe, learned advocate for the applicant states that Cr.

No.72/2023 is registered as Special Case No.106/2023 and is pending on the file of Additional Sessions Judge, Sangli. 4.

Applicant is Accused no. 2 in the said crime. He was arrested on 23rd February, 2023, since then he is in jail. Bail Application at Exhibit-45 filed in Special Case No.106/2023 by the Applicant, was dismissed on 12th May 2023.

5.

Mr. Balwant Salunkhe, learned advocate for the Applicant submits that Mayur Subhash Koli (Accused No. 3) and Matin Rafiq Pathan (Accused No.4) in the above said crime, who were similarly and identically placed in the said crime, have been released on bail by this Court by order dated 7th April 2025 passed in Criminal Bail Application No.5227/2024. He submits that the involvement of the Applicant (Accused No.2) as per the chargesheet in the said crime is similar and identical to the role as assigned to the Accused Nos. 3 and

4. He submits that the Applicant therefore claims bail on the ground of parity.

6.

Mr. P. H. Gaikwad, learned APP for the State submits that as per the chargesheet, the involvement of the Applicant and Accused Nos. 3 and 4 in the crime is similar and identical. He submits that this Court having granted bail to Accused Nos. 3 and 4, case of the

Applicant may be considered on the grounds of parity. 7.

I have perused the records and the order dated 7th April 2025 passed by this Court in Criminal Bail Application No. 5227/2024, with the assistance of the learned Advocate for the parties.

8.

Perusal of the chargesheet reveals that the role assigned to the Applicant (Accused No. 2) is similar and identical to the role assigned to the Accused Nos. 3 and 4, in the said crime. This Court has released Accused Nos. 3 and 4 on bail. Applicant being similarly placed like that of Accused Nos. 3 and 4, is entitled to bail on the ground of parity.

9.

Mr. Balwant Salunkhe, learned advocate for the Applicant on instructions of the Applicant states that in the event, indulgence is shown to the Applicant, the Applicant would stay outside the jurisdiction of Sangli Rural Police till the conclusion of the Trial. He clarifies that the Applicant will not enter the jurisdiction of Sangli Rural Police Station, District Sangli except for the purpose of attending the hearing of the Court and marking his appearance on the date fixed before the Investigating Officer, Sangli Rural Police Station. Statement accepted.

10.

In view of the above, the present Bail Application is allowed on the following conditions:- a) Applicant Sachin Babaso Chavan be released on bail in connection with C. R. No.72 of 2023, registered with the Sangli Rural Police Station, District-Sangli, on his furnishing PR bond of Rs.1,00,000/- with one or two local solvent sureties in the like amount b) On being released on bail, the Applicant shall furnish his cell phone number and residential address to the Investigating Officer and shall keep the same updated, in case of any change thereto.

c) Applicant shall report to the Sangli Rural Police Station, District-Sangli once every week, on every Sunday between 10.00 a.m. and 01.00 p.m. till the conclusion of the trial. d) Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such a person from disclosing the facts to the Court or any police personnel. e) Applicant shall not tamper with the prosecution evidence and shall not contact or influence any witness in any manner. f) Applicant shall attend the trial regularly. Applicant shall co-operate with the Trial Court.

g) Applicant shall surrender his passport, if any, to the

Investigating Officer.

h) Applicant shall not enter the jurisdiction of Sangli Rural Police Station, District Sangli till the conclusion of trial, except for the purpose of attending the Court in Special Case No.106/2023 pending before the Court of Additional Sessions Judge, Sangli and marking his appearance on the date fixed before the Investigating Officer, Sangli Rural Police Station 11.

The Bail Application No.1940 of 2025 is disposed off. [ ASHWIN D.BHOBE, J.]