Raghunath Baburao Kolwane v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2723 OF 2025 VAISHALI ANIL TIKAM Raghunath Baburao Kolwane ... Applicant Vs.
The State of Maharashtra ... Respondent by VAISHALI ANIL TIKAM Date:
2025.08.08 11:16:21 +0530 **** Mr. Mahesh Pawar, Advocate for the Applicant. Dr. A.A. Takalkar, APP for the State.
**** CORAM :
ASHWIN D. BHOBE, J.
DATE :
7th AUGUST, 2025 P.C. :
1.
Heard Mr. Mahesh Pawar, learned Advocate for the Applicant and Dr. A.A. Takalkar, learned APP for the State. 2.
By the present application, the Applicant is seeking bail in C.R. No. 142 of 2024 for the offences punishable under sections 306, 506 r/w. 34 of the Indian Penal Code. registered with Lasalgaon Police Station, District Nashik. Said crime is registered as Sessions Case No. 57/2025 and is pending before the Additional Sessions Judge, Niphad, District Nashik.
3.
There are three accused in the crime. Applicant is Accused No.1.
4.
Mr. Mahesh Pawar, learned Advocate for the Applicant
submits that the Applicant is seeking bail on the sole ground of parity. He submits that the involvement of the Applicant in Crime No. 142/2024 is similar and identical to the involvement of Sonu Raghunath Kolawane (Accused No.2) and Ganesh Raghunath Kolawane (Accused No.3) in the said crime. He submits that Accused Nos.2 and 3 have been released on bail by the Court of the Additional Sessions Judge, Niphad vide orders dated 23rd April, 2025 and 13th May, 2025, respectively. He tenders photostat copies of the orders dated 23rd April, 2025 and 13th May, 2025 passed in Criminal Bail Application No. 139 of 2025 and Criminal Bail Application No. 170 of 2025, which are taken on record and marked 'X' Collectively for the purpose of identification. He submits that the role of the Applicant and Accused Nos. 2 and 3 being similar, Applicant is entitled to bail on the ground of parity. 5.
Dr. Takalkar, learned APP for the State submits that the involvement of the Applicant, Accused Nos. 2 and 3 in Crime No.142/2024 is similar and identical. Accused Nos.2 and 3 being released on bail, case of the Applicant can be considered on the ground of parity.
6.
Perused the records and the orders dated 23rd April, 2025 passed in Criminal Bail Application No. 139 of 2025 and order dated 13th May, 2025 passed in Criminal Bail Application No. 170 of 2025.
7.
Perusal of the charge-sheet reveals that the role assigned to the Applicant in Crime No. 142/2024 is similar and
identical to the role assigned to Accused Nos. 2 and 3, as submitted by Mr. Mahesh Pawar, learned Advocate for the Applicant and Dr. Takalkar, learned APP for the State. Accused Nos.2 and 3 are released on bail, as such Applicant would be entitled to bail on the principle of parity.
9.
In view of the above, the present Bail Application is allowed, on the following conditions:
a) Applicant is directed to be released on bail in connection with C.R. No. 142 of 2024 registered with Lasalgaon Police Station, District Nashik on his furnishing P.R. bond in the sum of Rs.50,000/- with one or two sureties in the like amount to the satisfaction of Additional Sessions Judge, Niphad, 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 shall attend and regularly appear before the learned Additional Sessions Judge,Niphad, Nashik in Sessions Case No.57 of 2025 on each date of hearing, unless specifically exempted by the Court.
e) Applicant upon his release, within 3 days shall furnish to the Investigation Officer, Lasalgaon Police Station his
residential address with proof and the contact number and to keep the Investigation Officer intimated about the change in the same from time to time.
10.
The Bail Application No.2723 of 2025 is allowed in the above said terms.
(ASHWIN D. BHOBE, J.)