Satish Sukhdeo Patil v. State Of Maharashtra

by ARUNA SANDEEP TALWALKAR Date:

2025.07.09 21:00:49 +0530 ARUNA SANDEEP TALWALKAR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2640 OF 2025 Satish Sukhdeo Patil.

... Applicant.

Vs.

The State of Maharashtra ... Respondent.

**** Mr. Aditya R. Parmar, Advocate for the Applicant. Mr. A.A. Palkar, APP for Respondent/State.

**** CORAM :

ASHWIN D. BHOBE, J.

DATE :

8th JULY, 2025.

P.C. :

1.

Heard Mr. Aditya Parmar, learned Advocate for the Applicant and Mr. A.A. Palkar, learned APP for State. 2.

By the present Application filed under section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short "BNSS"), the Applicant is seeking regular bail in Crime No. 617 of 2023 registered at Sangli City Police Station, Sangli for the offences punishable under Section 489(C), 489(B), r/w. 34 of the Indian Penal Code. Said crime is registered as Sessions Case No. 108 of 2024 and is pending before the Court of Additional Sessions Judge, Sangli.

3.

There are 7 accused in the present crime. Applicant is

Accused No. 1. Applicant was arrested on 16th December, 2023 and since then he is in jail. Bail Application at Exh. 18 filed by the Applicant in Sessions Case No. 108 of 2024 was dismissed on 23rd July, 2024.

4.

Case of the prosecution is that the Accused Nos. 4, 5, 6 and 7 in the said crime are involved in circulating counterfeit notes. Accused Nos. 2 and 3 are involved in depositing such counterfeit notes in the account of the Applicant herein. 5.

Mr. Parmar, learned Advocate for the Applicant submits that Accused Nos. 2 to 7 in the said crime have been released on bail(Orders are at page Nos. 326 to 350 of the paper book). He submits that involvement of the Applicant as alleged in the said crime is similar and identical to the role alleged against the Accused Nos. 2 and 3. He submits that the Applicant is similarly placed like the Accused Nos. 2 and 3. He submits that charge is not framed in Sessions Case No. 108 of 2024. He submits that the Applicant will be entitled to bail on the ground of long incarceration.

6.

Mr. Palkar, learned APP for the State, submits that the offence is of serious nature i.e. circulation of counterfeit notes. He submits that till date charge is not framed in the Sessions Case no. 108 of 2024. He submits that the other accused are released on bail by the learned Trial Court. He submits that involvement of the

Applicant is similar to the involvement of the other accused in the said crime.

7.

I have perused the records produced before this Court with the assistance of the learned Advocates. 8.

Applicant presses the present Bail Application on the two grounds, firstly on the ground of parity and secondly on the ground of long incarceration. Perusal of the Charge-sheet reveals that the role assigned to the Applicant is similar to the role assigned to the Accused Nos. 2 and 3. Applicant and Accused Nos. 2 and 3 are alleged to have deposited counterfeit currency in the account of the Applicant. In such circumstances, the Applicant would be entitled to bail on the ground of parity. 9.

Applicant is in jail since 2023 i.e. almost for 18 months. Charge is not framed till date. Trial in Sessions Case no. 108 of 2024 is likely to be prolonged. Applicant cannot to be incarcerated as an under-trial, indefinitely.

10.

Considering the above, Applicant is entitled to bail. Bail Application is allowed on the following conditions : (a) Applicant is directed to be released on bail in Crime No. 617 of 2023 registered with Sangli City Police Station, Sangli for the offences punishable under Section 489(C), 489(B), r/w. 34 of the Indian Penal Code on furnishing P.R.

Bond in the sum of Rs. 25,000/- with one or two solvent sureties in the like amount to the satisfaction of the learned Additional Sessions Judge, Sangli.

(b) Applicant shall not tamper with prosecution evidence and also 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 him/her from disclosing such facts to the Court or the Investigating Officer. (c) Applicant upon release within 3 days shall furnish his residential addresses with proof and contact details to the Trial Court as well as Investigating Officer, Sangli City Police Station, Sangli.

(d) Applicant shall attend Sangli City Police Station on the first Saturday of each month till the conclusion of the trial. (e) Applicant shall attend each and every date of hearing in Sessions Case No. 108 of 2024 pending before the learned Additional Sessions Judge, Sangli, unless exempted. 11.

Criminal Bail Application No. 2640 of 2025 is disposed of on the above terms.

(ASHWIN D. BHOBE, J.)