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Bombay High Court

GOVIND RAMNATH JADHAVversusSTATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The applicant is entitled to bail on the principle of parity, subject to a personal bond and standard conditions.

Summary

The applicant, Govind Ramnath Jadhav, sought regular bail for offences of murder, assault and related charges under the Bharatiya Nyaya Sanhita, 2023. He had been in custody for over a year, had no prior criminal record, and the co‑accused in the same case had already been released on bail. The prosecution argued that the applicant might threaten witnesses if released. The Court considered the principle of parity, the applicant’s clean antecedents, and the fact that co‑accused were on bail, and concluded that bail could be granted with conditions. Accordingly, the Court ordered the applicant to be released on a Rs.30,000 personal bond with sureties and imposed standard conditions to prevent tampering with evidence or influencing witnesses.

Issues considered

  • Whether bail should be granted to an accused charged with murder and assault after more than one year of custody.
  • Whether the principle of parity with co‑accused released on bail warrants granting bail to the applicant.
  • Whether the risk of witness intimidation outweighs the applicant’s right to bail.

Legislation cited

Subjects

  • bail
  • parity principle
  • murder
  • assault
  • witness tampering
  • Bharatiya Nyaya Sanhita
  • criminal procedure

Judgment

                                                                                 10-BA-168-2026.doc


                      Shubhada S Kadam


                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CRIMINAL APPELLATE JURISDICTION

                                         BAIL APPLICATION NO. 168 OF 2026

                      Govind Ramnath Jadhav                                    … Applicant/s
                       Versus
                      The State of Maharashtra                                 … Respondent/s
                      _________________________________________________________________
                      Mr. Mihir N. Kasliwal i/b. Mr. Rahul Kasliwal, Advocate for the Applicant.
                      Mr. S. S. Pednekar, APP for Respondent-State.
                      ASI- A. K. Jadhav, Dindori Police Station, present.
                      _________________________________________________________________

                                                          CORAM        :   SHIVKUMAR DIGE, J.
                                                          DATE         :   4th MARCH, 2026.
                      P.C. :

                      1.         By this application, the applicant is seeking regular bail in

                      Crime No. 72 of 2025 registered with Dindori Police Station, District -

                      Nashik, for the offences punishable under Sections 103(1), 352, 351(1)

                      and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

                      2.         It is prosecution’s case that on 21 st February 202, the applicant

                      and co-accused assaulted the deceased with wooden rod and murdered

                      him on the ground of old dispute.

                      3.         It is contention of learned counsel for the applicant that the
         Digitally
         signed by
         SHUBHADA     applicant is behind bars for more than 1 year. He has no antecedents. The
SHUBHADA SHANKAR
SHANKAR KADAM
KADAM    Date:
         2026.03.06   co-accused, against whom similar allegations are made, have been released
         11:08:02
         +0530




                                                       Page 1 of 3
                                                           10-BA-168-2026.doc


Shubhada S Kadam


on bail, hence, the applicant is entitled to bail on the principle of parity.

Hence, requested to allow the application.

4.         It is contention of learned APP that the applicant and

co-accused assaulted the deceased and murdered him.          There are eye-

witnesses to the incident. If the applicant is released on bail, he may

threaten the prosecution witnesses and requested to reject the application.

5.         I have heard both learned counsel, perused charge-sheet and

documents produced on record. The applicant is behind bars for more than

1 year. He has no antecedents. The co-accused, against whom similar

allegations are made, have been released on bail. Hence, the applicant is

entitled to bail on the principle of parity. Considering these facts, I pass

following order :

                                   ORDER

        (i) The applicant be enlarged on bail in Crime No. 72 of 2025
            registered with Dindori Police Station, District – Nashik, on
            executing P.R.Bond in the sum of Rs.30,000/- with 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.




                                 Page 2 of 3
                                                           10-BA-168-2026.doc


Shubhada S Kadam


           The application is allowed in the aforesaid terms and is

accordingly disposed of.

6.         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.

7.         All concerned to act on the authenticated copy of this order.



                                               (SHIVKUMAR DIGE, J.)




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