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Bombay High CourtBA/4170/2025disposed off

Kunal Ashok Shinde v. State Of Maharashtra

2026-01-29Hon'Ble Shri Justice Shivkumar Dige3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 4170 OF 2025 Kunal Ashok Shinde ...Applicant versus The State Of Maharashtra

...Respondent

with CRIMINAL BAIL APPLICATION NO. 4173 OF 2025 Riyaz Salim Shaikh ...Applicant versus The State Of Maharashtra

...Respondent

_________________________________________________________________ Ms. Shubhangi Parulekar along with Ms. Vrunda Surve and Ms. Grishma Parab, Advocate for the Applicant in both applicants. Mr. Prashant P. Jadhav, APP for Respondent No.1-State. API-R. M. Zankar, Chakan Police Station, present. _________________________________________________________________

CORAM

: SHIVKUMAR DIGE, J.

DATE : 29th JANUARY, 2026.

P.C. :

1.

These two applications are out of the same crime, hence I am deciding them by this common order 2.

By these applications, the applicants are seeking regular bail in Crime No. 1791 of 2022 registered with Chakan Police Station, District Pune, for the offences punishable under Sections 302, 307, 341, 324, 141, 143, 144, 147, 148, 149, 506, 120-B and 212 of the Indian Penal Code Digitally signed by SHUBHADA SHANKAR KADAM Date:

2026.01.31 10:53:08 +0530 SHUBHADA SHANKAR KADAM 1860, Section 4(25) of the Arms Act, Sections 37(1) read with 135 of the Maharashtra Police Act and Sections 3(1)(i)(ii) and 3(3), 3(4) of the the Maharashtra Control of Organised Crime Act, 1999 .

3.

It is prosecution's case that on 21st November 2022, the applicants and co-accused assaulted the first informant and the deceased with sharp weapons on account of previous enmity. 4.

It is contention of learned counsel for the applicants that accused Nitin Yede and Vishal Kamble, against whom similar allegations are made, have been released on bail. Hence, the applicants are entitled to bail on the principle of parity and requested to allow the applications. 5.

It is contention of learned APP that the role attributed to the co-accused, who have been released on bail and the present applicants are different. Hence, the applicants are not entitled for bail on the principle of parity and requested to reject the applications. 6.

I have heard both learned counsel, perused the charge-sheet and documents produced on record. The role attributed to co-accused Nitin Yede and Vishal Kamble is similar to that of the present applicants. Hence, the applicants are entitled for bail on the principle of parity, and I pass following order.

ORDER

(i) The applicants - Kunal Ashok Shinde and Riyaz Salim Shaikh be enlarged on bail in Crime No. 1791 of 2022 registered with Chakan Police Station, District Pune, on executing P.R.Bond in

the sum of Rs.30,000/- with one or two sureties in the like amount.

(ii) The applicants shall attend the concerned police station as and when required.

(iii) The applicants shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case.

The applications are allowed in the aforesaid terms and accordingly disposed of.

7.

It is made clear that the above observations are made only for the purpose of granting bail and the Trial Court shall decide the case on its own merits in accordance with law and uninfluenced by the observations made in this order.

8.

All concerned to act on the authenticated copy of this order. (SHIVKUMAR DIGE, J.)