Santosh Laxman Palande v. State Of Maharashtra And ANR

HEMANT CHANDERSEN SHIV HEMANT CHANDERSEN SHIV Date: 2026.02.24 18:32:52 +0300

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.305 OF 2026 IN CRIMINAL APPEAL NO.1107 OF 2025 Suraj @ Bobby Ranjit Gangurde .....Applicant Vs.

State of Maharashtra .....Respondent __________________________________________ Mr. Mihir N. Kasliwal, Advocate i/b Rahul Kasliwal for the Applicant. Smt. M. M. Deshmukh, Acting P. P. with Mr. Ajay S. Patil, APP for the Respondent-State.

Mr. Sanjay Gaware, PHC, Mhasrul police station present. __________________________________________ CORAM : A. S. GADKARI AND SHYAM C. CHANDAK, JJ.

DATE : 17th FEBRUARY, 2026.

P.C.:- 1) This is an Application by Original Accused No.4 for suspension of sentence and releasing him on bail, during the pendency of the Appeal. 2) Learned Advocate Mr. Kasliwal for the Applicant submitted that, the co-accused, namely, Saurav Deshmukh (A.No.3) and Atharv Nisal (A.No.2), who have been attributed with same and/or similar role, have been released on bail by this Court by its Orders dated 17th November 2025 and 23rd January 2026 respectively. The Applicant therefore is entitled to be released on bail on the ground of parity.

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2.1) Learned APP Mr. Patil fairly conceded to the fact that, the Applicant is similarly situated as of co-accused Saurav Deshmukh (A.No.3) and Atharv Nisal (A.No.2), who have been released on bail by this Court. 3) Perusal of the record prima facie indicates that, the role attributed to the Applicant herein is same and/or similar to that attributed to Atharv Nisal (A.No.2) and therefore he is entitled to claim parity with the said accused.

4) In view of the above, during pendency of his substantive Appeal, we are inclined to suspend the sentence of the Applicant and release him on bail.

4.1) Hence, the following Order :- (a) During the pendency of Appeal, preferred by the Applicant, the substantive sentence imposed upon the Applicant vide Judgment and Order dated 1st October, 2025, passed by the learned Additional Sessions Judge, Nashik, Dist. Nashik in Sessions Case No.390 of 2022, is suspended and the Applicant be released on bail on his furnishing PR bond of Rs.50,000/- with one or two local sureties in the like amount. (b) Before his release from jail, the Applicant shall give his prospective residential address and the mobile and/or landline number on which he or his any close relative can be contacted.

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(c) After his release from jail, the Applicant shall attend the Mhasrul Police Station, Dist. Nashik on every first Monday of each month between 11.00 a.m. and 1.00 p.m. initially for a period of one year and thereafter on every first Monday between 11.00 a.m. and 1.00 p.m. of every third calender month i.e. four times in a year, till the disposal of Appeal.

(d) In case of two consecutive defaults in complying with the aforestated conditions, the Prosecution is at liberty to file an application for cancellation of bail. 5) Application is allowed in the aforesaid terms. (SHYAM C. CHANDAK, J.) (A.S. GADKARI, J.) 3/3