Bombay High Court
RAVI DNYANDEV DONAGREversusTHE STATE OF MAHARASHTRA AND ANR.
- Disposal
- Disposed Off
Holding
The court held that bail must be granted as the element of abetment is absent and prolonged pre‑trial detention is unjustified, subject to strict conditions.
Summary
The High Court considered bail applications filed by Pawan alias Tejas Kishor Sarode and Ravi Dnyandev Donagre, who were charged under several IPC sections, the Arms Act and MCOCA for alleged extortion, robbery and abetment of suicide that led to the victim's death. The prosecution alleged that the accused were members of an organized criminal group and that their actions forced the victim to commit suicide. The defence argued that there was no material evidence of abetment, the accused had been in custody for over four years, and co‑accused of similar involvement had already been released on bail. The Court observed that the charge‑sheet did not establish the element of abetment, that prolonged pre‑trial detention was unjustified, and that the risk of witness tampering could be managed by strict conditions. Accordingly, the Court granted bail with a personal bond of Rs 50,000 each and imposed conditions such as non‑interference with witnesses and restriction on travel.
Issues considered
- Whether bail can be granted to accused charged under IPC, the Arms Act and MCOCA in a case involving alleged organized crime and abetment of suicide.
- Whether the element of abetment of suicide is established against the applicants.
- Whether the prolonged pre‑trial detention of more than four years violates the right to a speedy trial.
- Whether the risk of witness tampering justifies denial of bail.
Legislation cited
- Arms Act — s. 25, 3
- Indian Penal Code, 1860 — s. 306, 386, 395, 504, 506
- Maharashtra Control of Organised Crime Act, 1999 — s. 3(1)(ii), 3(2), 3(4)
Subjects
- bail
- abetment of suicide
- organized crime
- MCOCA
- pre‑trial detention
- speedy trial
- witness tampering
- extortion
- criminal intimidation
Judgment
12-BA-171-2026 (CR)_titled.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 171 OF 2026
Pawan Alias Tejas Kishor Sarode
VERSUS
The State of Maharashtra And Anr.
WITH
CRIMINAL BAIL APPLICATION NO. 188 OF 2026
Ravi Dnyandev Donagre
VERSUS
The State of Maharashtra And Anr.
...
Mr. Gaurav Kalekar a/w Ms. Poonam Dhotre, Mr. Rutik Kashid,
Advocate for Applicants.
s
Mr. Anand S. Shalgaonkar APP for the Respondent-State in
BA/171/2026.
Mr. Nitin B. Patil, APP for the respondent-State in BA/188/2026.
...
CORAM : SACHIN S. DESHMUKH, J.
DATE : 24th MARCH, 2026.
P. C. :
1. By these applications, applicants are seeking regular bail in
C.R. No. 577 of 2021 registered with Shivajinagar Police Station,
Ichalkaranji, District Kolhapur for offences punishable under
Sections 306, 386, 395, 504 and 506 of the Indian Penal Code read
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with Section 3 and 25 of the Indian Arms Act and Sections 3(1)(ii),
3(2), 3(4) of the Maharashtra Control of Organised Crime Act,
1999 (MCOCA).
2. The prosecution case is that the Applicants/Accused are
alleged members of an organized criminal group known as the
‘German Gang’ and acting in furtherance of their common intention,
engaged in a persistent campaign of extortion and criminal
intimidation. It is alleged that from September - 2021 onwards, the
accused persons demanded a ransom of Rs.1,00,000/- from the
Victim to secure the release of one co-accused from jail. During this
period, the accused allegedly snatched Rs. 25,000/- and a gold ring
from the Victim and subsequently subjected him to severe mental
pressure and threats of dire consequences to extract the remaining
amount. The prosecution further contends that the accused
snatched Rs. 15,000/- and a motorcycle from the Victim’s friend.
Due to this continuous harassment and coercion, the Victim was
driven to commit suicide by hanging on 07.11.2021, leaving behind
a suicide note. Hence, the report.
3. Learned counsel for the applicants submits that the applicants
are innocent and are falsely implicated in the crime. There is no
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material on record indicating any kind of instigation, coercion or
any overt act on the part of the applicants to constitute abetment of
suicide. As such, the co-accused are released on bail and the
applicants stand on the better footing. As such, the applicants are
also entitled for bail on the ground of parity. The applicants are in
custody for more than four years. The trial is likely to take a
considerable period. Therefore further detention of the applicants is
unjustified.
4. Per contra, learned APP opposed the applications submitting
that the applicants are members of a crime syndicate and the
provisions are of MCOCA are attracted against them. Given the
overwhelming evidence against them and considering their
antecedents, the applicants are likely to flee away if released on bail
or commit a crime of similar nature. Hence, prayed to reject the
application.
5. Having heard the submissions from both the sides and upon
perusal of the record including charge-sheet prima facie indicates
that there appears to be absence of element of abetment at the
instance of accused person compelling deceased to commit suicide.
Applicants are young man aged 26 and 27 years respectively and
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are in custody for more than four years. Further perusal of the
record indicates that the co-accused namely Tejas and Sunil are
released on bail by this Court in Criminal Bail Application
Nos.3407/2025 and 3591/2025 vide orders dated 03.11.2025 and
06.02.2026 respectively. The role of the present applicants is more
or less similar or lessor than that of the co-accused, who are
released on bail.
6. Apart from the aforesaid aspects, having regard to the number
witnesses which the prosecution proposes to examine, it is very
unlikely that the trial can be commenced and concluded within a
reasonable period. As such, further incarceration of the applicants
may amount to pre-trial detention, which is neither warranted nor
justified. As far as the apprehension expressed by the learned A.P.P.
in relation to tampering prosecution witnesses is concerned, the
same can be adequately taken care of by imposing stringent
conditions. Hence, the order :-
ORDER
I. The bail application is allowed.
II. Applicants - Pawan Alias Tejas Kishor Sarode and Ravi
Dnyandev Donagre be released on bail, on furnishing P.R. bond in
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the sum of Rs.50,000/- (Rs.Fifty Thousand) each with one or two
local solvent sureties, in the like amount, in connection with C.R.
No. 577 of 2021 registered with Shivajinagar Police Station,
Ichalkaranji, District Kolhapur for offences punishable under
Sections 306, 386, 395, 504 and 506 of the Indian Penal Code read
with Section 3 and 25 of the Indian Arms Act and Sections 3(1)(ii),
3(2), 3(4) of the Maharashtra Control of Organised Crime Act,
1999, on the following conditions :-
(a) The applicants shall not pressurize the prosecution
witnesses and tamper with the prosecution evidence, in
any manner.
(b) The applicants shall not enter into Kolhapur District
till conclusion of trial except to attend the trial.
(c) The applicants shall attend the trial on each and
every date unless exempted by the trial Court.
(d) The applicants shall submit Aadhar and Pan Cards
to the Investigating Officer and detailed address, where
they are likely to reside as well as their own phone
numbers and that of their two near relatives.
(e) In case of breach of any of the conditions by the
applicant, it is open for the Prosecution to approach the
concerned Court seeking cancellation of bail,
notwithstanding the fact that this Court has granted bail.
III. Needless to state that the observations rendered herein are to
the extent of this application and the trial Court shall not be
influenced by the same.
Digitally
signed by
SAJAKALI
[SACHIN S. DESHMUKH, J.]
SAJAKALI LIYAKAT
LIYAKAT JAMADAR
JAMADAR Date:
2026.03.25
10:34:43
+0530
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