Bombay High Court
ATUL NAMDEO GHATKAMBLEversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
- Bench
- ASHWIN D BHOBE
Holding
Bail is granted to the applicant on the ground of parity with the other accused.
Summary
The High Court considered a bail application filed by Atul Namdeo Ghatkamble, accused No.3 in Crime No.306 of 2024, which involved numerous offences under the IPC, Prevention of Corruption Act and Motor Vehicles Act. The applicant argued that all other nine accused had already been released on bail by the Supreme Court and therefore he should be granted bail on the principle of parity. The State’s Special Public Prosecutor concurred that parity should be extended to the applicant. The Court examined the record, found no distinguishing circumstances against the applicant, and, relying on the prosecutor’s concession, ordered his release on bail with standard conditions. The bail was granted subject to a personal bond, sureties, reporting requirements, and prohibitions against tampering with evidence.
Issues considered
- Whether the applicant is entitled to bail on the principle of parity with co‑accused who have already been released on bail
- Whether any distinguishing circumstances exist that would justify denying bail to the applicant
Legislation cited
- Indian Penal Code, 1860 — s. 109, 120-B, 201, 213, 214, 279, 304, 304-A, 337, 338, 34, 427, 466, 467, 468, 471
- Motor Vehicles Act — s. 119-A, 177, 180, 181, 184, 185, 199, 3(1), 5(1)
- Prevention of Corruption Act, 1988 — s. 12, 13, 7, 7-A, 8
Subjects
- bail
- parity principle
- criminal procedure
- Indian Penal Code
- Prevention of Corruption Act
- Motor Vehicles Act
- High Court
- regular bail
Judgment
34-BA-2042-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 2042 OF 2026
Atul Namdeo Ghatkamble … Applicant
Versus
The State of Maharashtra … Respondent
_______________________________________________________________
Mr. Niranjan Mundargi i/b Adv. Gagandeep Singh a/w Adv. Manjeet
Lotankar a/w Adv. Keral Mehta, Advocate for the Applicant.
Mr. Shishir Hiray, Spl. PP a/w Mr. Shubham Joshi for the Respondent –
State.
Mr. Shailesh Sankhe, ACP, Crime 1.
_______________________________________________________________
CORAM : ASHWIN D. BHOBE, J.
DATE : 27th July, 2026.
P.C. :
1. Heard Mr. Niranjan Mundargi, learned Advocate for the Applicant
and Mr. Shishir Hiray, learned Special Public Prosecutor for the
Respondent-State.
2. By the present Application, the Applicant seeks Regular Bail in
connection with Crime No. 306 of 2024 registered at Yerwada Police
Station, Pune, for offences punishable under Sections 304, 304-A, 338,
337, 427, 279, 120-B, 201, 213, 214, 466, 467, 468, 471 and 109 read
with Section 34 of the Indian Penal Code, 1860, Sections 7, 7-A, 8, 12
and 13 of the Prevention of Corruption Act, 1988 and Sections 184,
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185, 3(1)/180, 5(1)/181, 119-A and 199/177 of the Motor Vehicles
Act.
3. Mr. Niranjan Mundargi, learned Advocate for the Applicant states
that the said Crime No. 306 of 2024 is registered as Special Case No.
917 of 2024 and is pending before the Special/Additional Sessions
Judge, Pune (“Trial Court”). He states that there are 10 accused in
Crime No. 306 of 2024. He states that the Applicant is Accused No. 3 in
Crime No. 306 of 2024.
4. Mr. Niranjan Mundargi, learned Advocate for the Applicant,
submits that all nine (9) Accused in Crime No. 306 of 2024 have been
released on bail by the Hon’ble Supreme Court. He relies on the bail
orders at pages 2875 to 2904 of the paper book. He submits that the
allegations against the Applicant are limited to handing over cash to
Accused No. 1 upon receipt from Accused No. 7. He further submits that
apart from these allegations, there are no other allegations of the
Applicant’s involvement in Crime No. 306 of 2024. He therefore submits
that the Applicant is entitled to bail on the ground of parity.
5. Mr. Shishir Hiray, learned Special Public Prosecutor for the
Respondent-State, submits that Accused Nos. 1 and 7 have been
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released on bail by the Hon’ble Supreme Court, as have the other
Accused in Crime No. 306 of 2024. He, in all fairness, submits that the
Applicant would be entitled to bail on the ground of parity.
6. Perused the records. Records reveal that Accused Nos. 1, 2 and 4
to 10 have been released on bail by the Hon’ble Supreme Court. There
is no material placed on record to demonstrate any distinguishing
circumstances that would warrant a different view in the case of the
Applicant.
7. In view of the statement made by Mr. Shishir Hiray, learned
Special Public Prosecutor for the Respondent-State, that the principle of
parity be extended to the Applicant, without going into the merits of the
case, the Applicant is directed to be released on bail.
8. This Bail Application is allowed in view of the fair concessions
made by Mr. Shishir Hiray, learned Special Public Prosecutor for the
Respondent-State.
9. In view of the above, the Bail Application is allowed on the
following conditions :-
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(a) Applicant is directed to be released on bail in
connection with C.R. No. 306 of 2024 registered with
Yerwada Police Station, Pune City, upon furnishing a P.R.
Bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand
Only) with one or two sureties, in the like amount, to the
satisfaction of the Trial Court in Special Case No. 917 of
2024.
(b) Applicant shall not, directly or indirectly, make any
inducement, threat or promise to any person(s) acquainted
with the facts of the case to dissuade that person(s) from
disclosing the facts to the Court or any Police officer.
Applicant shall not tamper with evidence.
(c) Applicant shall, within three (3) days of his release
from jail, provide the Investigating Officer, ACP Crime
Branch-1, Pune City, his residential address with proof and
contact numbers and must inform the Investigating Officer of
any change in the same from time to time.
(d) Applicant shall report to Investigating Officer, ACP
Crime Branch-1 , Pune City, on the 1 st Monday of each
month from 11.00 a.m. to 12.00 noon till conclusion of trial
in Special Case No. 917 of 2024.
(e) Applicant shall regularly appear before the Trial Court
in Special Case No. 917 of 2024, as and when the matter is
fixed, unless specifically exempted.
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(f) If the Applicant absents himself from appearing
before the Trial Court on the date fixed, the same would be
considered as a breach of this condition and the Trial Court
would be at liberty to pass appropriate orders.
10. Criminal Bail Application No. 2042 of 2026 is disposed of.
(ASHWIN D. BHOBE, J.)
Digitally
signed by
VIVEKANAND
VIVEKANAND RAJENDRA
RAJENDRA BONDE
BONDE Date:
2026.07.27
20:58:23
+0530
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