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Bombay High Court

SACHIN DILIP GHORPADEversusTHE STATE OF MAHARASHTRA

Disposal
APPLICATION ALLOWED

Holding

The bail application is allowed, granting the applicant regular bail subject to conditions.

Summary

Sachin Dilip Ghorpade was charged under Sections 122 and 135 of the Maharashtra Police Act, 1951 and Section 3 read with Section 25 of the Arms Act, 1959 for allegedly possessing a pistol. The applicant sought regular bail, arguing that the co‑accused Shaharukh Sandu Sayyad had already been released on bail and that the material against him was inferior, invoking the principle of parity. The State contended that Ghorpade was the owner of the recovered pistol and therefore should not be granted bail. The Court examined the disclosures, noted the lack of concrete evidence linking the pistol to the applicant, and applied the parity doctrine, concluding that the bail application deserved to be allowed. Consequently, the Court granted bail on a personal bond of Rs. 15,000 with a surety, subject to standard conditions, and directed that the trial court decide the case independently.

Issues considered

  • Whether the principle of parity applies to grant bail to the applicant despite the co‑accused being released earlier
  • Whether the evidence establishing ownership of the pistol by the applicant is sufficient to deny bail

Legislation cited

Subjects

  • bail
  • parity principle
  • arms possession
  • Maharashtra Police Act
  • Arms Act
  • criminal procedure

Judgment

2026:BHC-AUG:38728
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                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                           968 BAIL APPLICATION NO. 1680 OF 2026

                                       Sachin Dilip Ghorpade
                                              VERSUS
                                      The State Of Maharashtra
                                                 ...
            Mr. Jadhav Satej S, Advocate for the Applicant
            Mr. D. J. Patil, APP for the Respondent-State


                                   CORAM : HITEN S. VENEGAVKAR, J.
                                     Dated : 27th August, 2026
            PER COURT :-

            1.       Heard learned Advocate for applicant and learned Assistant

            Public Prosecutor for respondent – State.


            2.         The present application for regular bail is filed by the

            applicant, who is arraigned as accused in FIR bearing Crime No. 0289

            of 2026, dated 20th July, 2026, registered with Waluj Police Station,

            District Chhatrapati Sambhajinagar (City), for offences punishable

            under Sections 122 and 135 of the Maharashtra Police Act, 1951, and

            Section 3 read with Section 25 of the Arms Act, 1959.


            3.       The learned Advocate for the applicant submits that this court,

            on 20.08.2026, after considering the entire merits, has enlarged the co-

            accused Shaharukh Sandu Sayyad on bail in Bail Application No. 1693

            of 2026. He refers to para 4 of the said order to point out that this

            Court has, in the said application, considered the role of the present



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applicant and observed that the disclosure of accused Sharukh

mentions that the present applicant is owner of the said pistol and the

present applicant had supplied the said pistol to the released accused

Shaharukh Sandu Sayyad.        He further submitted that the recovery of

the pistol was made from Shaharukh Sandu Sayyad and thereafter

the offence was registered.     He submits that apart from the statement

in the nature of disclosure of co-accused, there is nothing on record to

show that the recovered pistol was owned by the present applicant or

was ever supplied to the co-accused Shaharukh. He submits that he

presses the present applicant on the ground of parity stating that the

role assigned to the present applicant and the material against the

present applicant is of much inferior quality as compared to the

released accused Shaharukh. He, thus, prays that the bail be granted.


4.         The learned APP    opposes the application by stating that the

material    discloses that    the applicant is owner of the said pistol.

However, the learned APP is not in a position to dispute the fact that

the alleged pistol was recovered from the possession of Shaharukh and

offence is therefore registered. In this event of the matter, the law of

parity clearly applies to the present applicant. The present application

deserves to be allowed. Hence, the following order:


                                  ORDER


(i)   The Bail Application No. 1680 of 2026 is allowed.

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(ii)   The applicant - Sachin Dilip Ghorpade shall be released on bail

       in Crime No. 0289 of 2026 registered with Waluj Police Station,

       District   Chhatrapati    Sambhajinagar      (City),    for   offences

       punishable under Sections 122 and 135 of the Maharashtra

       Police Act, 1951, and Section 3 read with Section 25 of the Arms

       Act, 1959, on furnishing a personal bond of Rs. 15,000/- (Rupees

       Fifteen Thousand only) with one solvent surety in the like

       amount, subject to the following conditions :-


        (a) The applicant shall attend the concerned police station as
             and when called by the Investigating Officer and shall co-
             operate in the investigation. The applicant shall attend the
             trial Court on every date fixed, unless his attendance is
             specifically exempted.

        (b) The applicant shall not, directly or indirectly, contact,
             threaten, induce or influence the informant or any
             prosecution witness and shall not tamper with the
             prosecution evidence.

        (c) The applicant shall furnish his current residential addresses
             and mobile numbers to the Investigating Officer and the
             trial Court within seven days of release, intimate any
             change forthwith, and attend the Investigating Officer upon
             prior written notice if further investigation is required.

        (d) The applicant shall not leave India without prior permission
             of the trial Court and, if they possess passports, shall
             deposit the same with the trial Court within seven days of
             their release.

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                    (e) The applicant shall not involve himself in any offence of a
                         similar nature while on bail.

                    (f) Breach of any of the above conditions shall entitle the
                         prosecution to apply for cancellation of bail.

           (iii)   All observations in this order are prima facie and confined to the

                   decision of this bail application. The trial Court shall decide the

                   case independently on the evidence led before it.


           (iv)    The Bail Application is disposed of in the above terms.




                                                         (HITEN S. VENEGAVKAR, J.)
JPChavan




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