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Bombay High CourtBA/109/2026allowed

Karan Rama Patil v. The State Of Maharashtra And Another

2026-03-17Hon'Ble Shri Justice Sachin Shivajirao Deshmukh4 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 109 OF 2026 KARAN RAMA PATIL

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Petitioner : Mr. S. Y. Mane Advocate for Respondent : Mr. Nitin B. Patil ...

CORAM : SACHIN S. DESHMUKH, J.

DATE : 17-03-2026 PER COURT:- 1.

The applicant seeks regular bail in connection with Crime No.515 of 2021 dated 26.08.2021 registered with Sangli City Police Station, Sangli, for the ofences punishable under Sections 395, 397 and 411 of the Indian Penal Code, Sections 4 and 25 of the Arms Act and Sections 3(1)(ii), 3(2), 3(4) of the Maharashtra Control of Organised Crime Act (MCOCA), 1999. In the said crime, the applicant is arrested on 27.08.2024. After completion of the investigation, the chargesheet has been iled on 23.02.2022. 2.

The prosecution case is that on 25.08.2021 at around 2.00 p.m. when the informant was playing cards with friends, the applicant along with co-accused approached with a knife and robbed them of cash including valuation articles amounting to Rs.1,11,220/-. Hence, lodged the report.

3.

Learned counsel for the applicant submits that the applicant is falsely implicated in the ofence. The provisions of the MCOCA are not attracted against the applicant. The alleged recovery was efected at the instance of the co-accused and all the co-accused are released on bail by this Court. The applicant is in custody since his arrest on 27.08.2021. Considering that the investigation is complete and the chargesheet is iled, further incarceration of the applicant is unwarranted.

4.

Learned A.P.P. has opposed the application and submitted that several cases are pending against the applicant. As such, provision under the MCOCA are attracted, thereby the applicant is not entitled for bail.

5.

Having heard the submissions from both sides and upon perusal of the record, including the chargesheet, prima facie indicates that the applicant alongwith co-accused were initially arraigned as accused only for the ofences punishable under Sections 395 and 397 of the Indian Penal Code. Thereafter, the applicant was granted bail. However, after the sanction from the concerned authority, the provisions of MCOCA were levelled against the accused and thereafter, the arrest came to be efected.

6.

Further perusal of the record indicates that the applicant is in custody for more than four years. The necessary recovery is

already efected by the investigating agency. Apart from the above, all the co-accused are enlarged on bail by this Court, vide order dated 08.10.2025 in Criminal Bail Application No.1008, 1009 and 1012 of 2025. As such, the applicant is entitled for parity and his further detention would be unjustiiable.

7.

Equally, the investigation is complete for all intent and purpose, resultantly, the chargesheet is iled. Having regard to the number of the accused and the witnesses which the prosecution proposes to examine, it is very unlikely that the trial can be commenced and concluded within a reasonable period. As such, further incarceration, in the circumstances of the case, does not seem to be either warranted or justiiable.

8.

Hence, the following order:-

ORDER

(i) Bail application is allowed.

(ii) Applicant, Karan Rama Patil, be released on bail on furnishing P.B. and S.B. of Rs.50,000/- (Rs.Fifty Thousand), with one solvent surety of the like amount in Crime No.515 of 2021 dated 26.08.2021 registered with Sangli City Police Station, Sangli, for the ofences punishable under Sections 395, 397 and 411 of the Indian Penal Code, Sections 4 and 25 of the Arms Act and Sections 3(1)(ii), 3(2), 3(4) of the Maharashtra Control of Organised Crime Act (MCOCA), 1999,

on the conditions that;

(a) The applicant shall not pressurize the prosecution witnesses and shall not tamper with the prosecution evidence, in any manner.

(b) The applicant shall attend the trial on each and every date unless exempted by the trial Court.

(c) The applicant shall submit their Aadhar and Pan Cards to the Investigation Oicer and detailed addresses and phone numbers of applicant and two of the near relatives. (d) In case of breach of any of the conditions by the applicant, it is open for the Prosecution to move this Court seeking cancellation of bail.

(iii) Needless to state that the observations rendered herein are restricted to the extent of this application and the trial court shall not be inluenced by the same.

[SACHIN S. DESHMUKH] JUDGE rrd