Akshay Sunil Holkar v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 141 OF 2026 Akshay Sunil Holkar ... Applicant

Versus

The State of Maharashtra ... Respondent _________________________________________________________________ Mr. Aniket Nikam i/b. Ms. Abhilasha Pawar and Mr. Devendra Kale, Advocate for the Applicant.

Mr. M.G.Patil, APP for the Respondent-State.

Ms. Dipti Karape, API - Bhor Police Station, present. _________________________________________________________________

CORAM

: SHIVKUMAR DIGE, J.

DATE : 17th MARCH, 2026.

P.C. :

1.

By this application, the Applicant is seeking regular bail in C.R.No. 51 of 2023 registered with Bhor Police Station, Pune, for the offences punishable under Sections 302, 364, 201 r/w 34 of Indian Penal Code, 1860 (for short "IPC").

2.

It is prosecution's case that the applicant and co-accused kidnapped the deceased and murdered him on the ground that the applicant had taken hand loan from the deceased and deceased was harassing him for repayment of the said amount. 3.

It is contention of learned counsel for the applicant that the applicant is behind bars for almost three years. The prosecution's case is

based on circumstantial evidence. The co-accused having similar allegations has been released on bail by this Court, hence, requested to allow the application.

4.

It is contention of learned APP that parity will not be applicable to this case as the applicant had motive to kill the deceased. Applicant kidnapped the deceased in his car and murdered him by hammering him on his head with hammer. The blood stains were found in the car of the applicant. The weapon used in the commission of crime is seized at the instance of the applicant. If the applicant is released on bail, he may abscond or threaten prosecution witnesses. Hence, requested to reject the application.

5.

I have heard both the learned counsel. Perused chargesheet and documents produced on record. The applicant is behind bar for almost three years. The co-accused Samir Shaikh against whom similar allegations are leveled has been released on bail, hence applicant is entitled for bail on the principle of parity and I pass following order.

ORDER

i.

The applicant be enlarged on bail in C.R.No. 51 of 2023 registered with Bhor Police Station, Pune, on executing P.R.Bond of Rs. 30,000/- on furnishing one or two sureties in the like amount.

ii.

The applicant shall attend the concerned police station as and when required.

iii.

The applicant shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case. 6.

The application is allowed in the aforesaid terms and is accordingly disposed of. All pending applications, if any, 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.) by SONALI SATISH KILAJE Date:

2026.03.24 11:56:29 +0700 SONALI SATISH KILAJE