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
- Arms Act, 1959 — s. 25, 3
- Maharashtra Police Act, 1951 — s. 122, 135
Subjects
- bail
- parity principle
- arms possession
- Maharashtra Police Act
- Arms Act
- criminal procedure
Judgment
2026:BHC-AUG:38728
Bail968ba1680-26
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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