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Bombay High Court

ATUL NAMDEO GHATKAMBLEversusSTATE OF MAHARASHTRA

Decided
Disposal
Allowed

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

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




                        Vivekanand                                 5


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