Omkar Pandurang Bhoi v. The State Of Maharashtra

1 70-BA-3417-25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.3417 OF 2025 OMKAR PANDURANG BHOI

VERSUS

THE STATE OF MAHARASHTRA ...

Mr. Vikrant Chowdhary a/w Mr. Amey Sirsikar a/w Ms. Preeti Dawada a/w Pratik Patil, Advocate for Applicant Ms. Veera Shinde, APP for Respondent/State ...

CORAM : NITIN B. SURYAWANSHI, J.

DATE : 12TH JANUARY, 2026 PER COURT :

1.

By this application the applicant seeks bail in C.R. No.304/2023, registered with Ichalkaranji Police Station, District Kolhapur, for offences punishable under Sections 406, 409, 420, 120(B), 506 r/w 34 of the Indian Penal Code and Sections 3 and 4 of the Maharashtra Protection of Interest of Depositors (In Financial Establishments) Act, 1999.

2.

Learned advocate for applicant seeks bail only on the ground of parity as out of 18 accused 14 accused persons are granted bail either by this Court or by the trial Court. 3.

Learned APP strenuously opposed the application contending that the role attributed to applicant is different than the accused persons who are released on bail. She submits that the

2 70-BA-3417-25.odt property involved in the crime is sold by the applicant on 04/12/2023 for Rs.9 Lakhs. However, after recording the statement of purchaser of the said property it is revealed that, in fact, they have paid amount of Rs.98 Lakhs to the applicant. Since the property involved in the crime is sold by the applicant knowing fully well that situation, according to her, he is not entitled for bail. 4.

Record indicates that initially the charge-sheet is filed in the present crime in the month of September, 2023 against 17 accused persons and name of the applicant is not mentioned in the said charge-sheet. Subsequently, the applicant came to be arrested on 09/07/2025. The property allegedly sold by the applicant is already seized by the investigating agency.

5.

Fact remains that the allegations levelled against the applicant are same as that of the allegations levelled against coaccused Vyankatesh Dashrath Boi, Amod Vasantrao Mhetar and Ajay Madhukar Gaikwad who are released on bail. Out of 14 accused persons who were arrested in the present crime 13 are released on bail so far.

6.

Learned APP submits that there is one more crime for similar offence registered against the applicant at Bagalkot Police Station in the State of Karnataka. Learned advocate for applicant

3 70-BA-3417-25.odt has placed on record copy of the order dated 19/08/25 by which bail was granted to the applicant in that crime. 7.

Applicant deserves to be released on the ground of parity, as 13 out of 14 accused have been released on bail. In the result, following order:-

ORDER

I.

Application is allowed.

II.

Applicant Omkar Pandurang Bhoi be released on bail in connection with Crime No.304/2023, registered with Ichalkaranji Police Station, District Kolhapur, on executing personal bond of Rs.1,00,000/- with one surety in the like amount.

III.

The applicant shall attend the office of the E.O.W. Kolhapur, on every Wednesday between 11:00 a.m. to 01:00 p.m., for a period of one year from today and shall co-operate with further investigation.

IV.

The applicant shall not tamper with the evidence and shall not contact any witnesses.

V.

The applicant shall provide his address and contact numbers to the I.O. before being released on bail.

(NITIN B. SURYAWANSHI, J.)