Bombay High Court

ROHAN DATTATRAY SHINDEversusTHE STATE OF MAHARASHTRA

Disposal: APPLICATION ALLOWED

Holding

Bail is granted to Rohan Dattatray Shinde subject to specified conditions.

Summary

Rohan Dattatray Shinde was arrested on 14 June 2026 for allegedly possessing and transporting liquor manufactured for sale in Goa, and for tampering with the seal to suggest it was for Maharashtra, offences under the Maharashtra Prohibition Act, 1949. He contended that he was falsely implicated and sought bail, arguing that the investigation could proceed without his custodial interrogation. The court noted that the seized vehicle, goods, and the applicant's mobile phone were already in police custody and that further investigation did not require his detention. Applying the principle of parity, the court observed that two co‑accused had already been granted bail in a related order dated 29 July 2026. Consequently, the court granted bail to the applicant on personal bond with conditions restricting tampering with evidence, movement, and mandatory police station attendance.

Issues considered

Whether bail should be granted to the accused in view of the nature of the offences under the Maharashtra Prohibition Act, 1949.
Whether the principle of parity with co‑accused who were granted bail warrants granting bail to the applicant.

Legislation cited

Maharashtra Prohibition Act, 1949 — s. 103, 108, 65(a), 65(b), 65(d), 65(e), 78, 81, 83, 90

Subjects

bail
Maharashtra Prohibition Act
liquor smuggling
seal tampering
parity principle
criminal procedure

Judgment

2026:BHC-AUG:36975
                                             -1-
                                                                     40-BA-1549-2026

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                            BAIL APPLICATION NO. 1549 OF 2026

                                ROHAN DATTATRAY SHINDE
                                        VERSUS
                               THE STATE OF MAHARASHTRA

                                              ......
              Advocate for Applicant : Mr. Ajinkya Anand Joshi
              APP for Respondent - State : Mr. S. V. Hange
                                               .....

                                        CORAM : HITEN S. VENEGAVKAR, J.
                                         DATED : 17th AUGUST 2026
              PER COURT :

              1.         Heard learned Advocate for the applicant.


              2.         Perused the records with the assistance of learned

              Advocate for applicant as well as learned APP for respondent-

              State.


              3.         The present FIR bearing Crime No.262 of 2026

              registered by Inspector of Excise, State Excise Department,

              Shrirampur Flying Squad No.02, Shrirampur, Tq. Shrirampur,

              Dist. Ahilyanagar for offences punishable under Sections 65(a),

              (b), (d), (e), 78, 81, 83, 90, 103, 108 of the Maharashtra

              Prohibition Act, 1949.


              4.         The   present applicant   came to be arrested on

              14.06.2026. The contention of applicant is that he is falsely
                                    -2-
                                                     40-BA-1549-2026

implicated in the present case. The allegation against the present

applicant is that he was possessing and transporting liquor which

was manufactured and meant to be sold in Goa. The allegation is

that the present applicant had tampered with the seal of the liquor

stating that it is manufactured and was to be sold in Maharashtra.

During investigation, the vehicle as well as the goods are already

seized by the police. The applicant’s mobile phone is also

recovered. In view of nature of allegations and the fact that there

is no further recovery or discovery is to be made and that the

investigation can be continued without custodial interrogation of

the present applicant, I am inclined to grant bail to the present

applicant.


5.           In addition, the learned Advocate for applicant has

placed on record the order dated 29.07.2026 passed by this Court

granting bail to other two co-accused. Out of which, applicant

Aniket Kharat was apprehended along with the present applicant

on the said motorcycle and his role is at par with that of present

applicant.    Therefore, applying the law of parity, the present

applicant also deserves to be released on bail. Hence, the following

order :

                              ORDER

I.    The application is allowed.
                                      -3-
                                                              40-BA-1549-2026

II.       Applicant - Rohan Dattatray Shinde be released on bail in
connection with Crime No. 262 of 2026 registered at State Excise
Department, Shrirampur Flying Squad No.02, Shrirampur, Taluka
Shrirampur, District Ahilyanagar, on executing Personal Bond of
Rs. 15,000/- with one surety in the like amount, on the following
conditions :


          [a]   The applicant shall not tamper prosecution evidence.


          [b]   The applicant shall not leave the area of jurisdiction of
                the   concerned    police   station   till   filing   of   the
                chargesheet.


          [c]   The applicant shall attend the concerned police station
                twice in every week i.e. on every Tuesday and Thursday
                and maintain personal diary of their attendance till
                committal of case and thereafter, shall regularly attend
                each and every effective date before the trial court.


III.      The Bail Applications are accordingly disposed off




                                            (HITEN S. VENEGAVKAR)
                                                   JUDGE




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