Bombay High Court
KARTIK KAILAS CHAVANversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
The court held that, on the ground of parity with co‑accused already released on bail, the applicants are entitled to bail despite the seriousness of the charges.
Summary
The Bombay High Court considered three bail applications filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, relating to a single criminal case (CR No. 554 of 2026) involving murder, conspiracy, and several other offences under the IPC, the Maharashtra Control of Organized Crime Act, the Arms Act and the Maharashtra Police Act. The applicants had been in custody for more than two years, while co‑accused of similar or more serious charges had already been released on bail. The prosecution argued that the use of dangerous weapons and the applicants' antecedents posed a risk of absconding or tampering with witnesses. The court noted the principle of parity, observing that the other co‑accused had been granted bail, and found no compelling reason to deny bail to the applicants. Consequently, the court granted bail to all three applicants subject to strict conditions, emphasizing that the order was limited to bail and not a determination on the merits of the case.
Issues considered
- The applicability of the principle of parity in granting bail to co‑accused who have been in custody for an extended period.
- Whether the seriousness of the offences, including alleged use of dangerous weapons, justifies denial of bail.
- Whether the applicants pose a risk of absconding or tampering with witnesses that would warrant refusal of bail.
Legislation cited
- Arms Act, 1959 — s. 25, 27, 4
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Indian Penal Code — s. 120(B), 143, 145, 147, 148, 149, 302, 341
- Maharashtra Control of Organized Crime Act, 1999 — s. 3(1)(ii), 3(2), 3(3), 3(4)
- Maharashtra Police Act, 1951 — s. 135, 37(1), 37(3)
Subjects
- bail
- parity
- serious offences
- organized crime
- arms
- witness tampering
- flight risk
- Indian Penal Code
- Maharashtra Control of Organized Crime Act
Judgment
BA.1340.2026 with Group.doc
Ajay
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 1340 OF 2026
Omkar Pandurang Shendge .. Applicant
Versus
State of Maharashtra .. Respondent
WITH
BAIL APPLICATION NO. 1210 OF 2026
Deepak Lunda Kokate .. Applicant
Versus
State of Maharashtra .. Respondent
WITH
BAIL APPLICATION NO. 2363 OF 2026
Kartik Kailas Chavan .. Applicant
Versus
State of Maharashtra .. Respondent
....................
Ms. Shubhangi Parulekar, Advocate for Applicant in Bail
Application Nos.1340 of 2026 and 2363 of 2026.
Mr. Shailesh Kharat, Advocate for Applicant in Bail Application
No.1210 of 2026.
Ms. Shilpa G. Talhar, APP for Respondent – State in all Bail
Applications.
......…...........
CORAM : MILIND N. JADHAV, J.
DATE : OCTOBER 08, 2026.
P.C.:
1. Heard Ms. Parulekar, learned Advocate for Applicant in Bail
Application Nos.1340 of 2026 and 2363 of 2026; Mr. Kharat, learned
Advocate for Applicant in Bail Application No.1210 of 2026 and Ms.
Talhar, learned APP for Respondent – State in all Bail Applications.
1 of 6
BA.1340.2026 with Group.doc
2. Bail Application No.2363 of 2026 is filed by Applicant under
Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for
short ‘BNSS’) seeking bail in connection with C.R. No.554 of 2026
registered with Wakad Police Station for offences punishable under
Sections 302, 120(B), 341, 143, 145, 147, 148 and 149 of the Indian
Penal Code (for short ‘IPC’) and Sections 3(1)(ii), 3(2), 3(3) and 3(4)
of the Maharashtra Control of Organized Crime Act, 1999 and Sections
4, 25 and 27 of the Arms Act, 1959 and Section 135, 37(1) and 37(3)
of Maharashtra Police Act, 1951. The First Information Report is filed
on 02.05.2024 and Applicant came to be arrested on 23.07.2024.
3. Bail Application No.1340 of 2026 is filed by Applicant under
Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for
short ‘BNSS’) seeking bail in connection with C.R. No.554 of 2026
registered with Wakad Police Station for offences punishable under
Sections 302, 120(B), 341, 143, 145, 147, 148 and 149 of the Indian
Penal Code (for short ‘IPC’) and Sections 3(1)(ii), 3(2), 3(3) and 3(4)
of the Maharashtra Control of Organized Crime Act, 1999 and Sections
4, 25 and 27 of the Arms Act, 1959 and Section 135, 37(1) and 37(3)
of Maharashtra Police Act, 1951. The First Information Report is filed
on 02.05.2024 and Applicant came to be arrested on 02.05.2024.
4. Bail Application No.1210 of 2026 is filed by Applicant under
Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for
2 of 6
BA.1340.2026 with Group.doc
short ‘BNSS’) seeking bail in connection with C.R. No.554 of 2026
registered with Wakad Police Station for offences punishable under
Sections 302, 120(B), 341, 143, 145, 147, 148 and 149 of the Indian
Penal Code (for short ‘IPC’) and Sections 3(1)(ii), 3(2), 3(3) and 3(4)
of the Maharashtra Control of Organized Crime Act, 1999 and Sections
4, 25 and 27 of the Arms Act, 1959 and Section 135, 37(1) and 37(3)
of Maharashtra Police Act, 1951. The First Information Report is filed
on 02.05.2024 and Applicant came to be arrested on 02.05.2024.
5. Bail Application No.1340 of 2026 is filed by Applicant under
Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for
short ‘BNSS’) seeking bail in connection with C.R.No.554 of 2026
registered with Wakad Police Station for offences punishable under
Sections 302, 120(B), 341, 143, 145, 147, 148 and 149 of the Indian
Penal Code (for short ‘IPC’) and Sections 3(1)(ii), 3(2), 3(3) and 3(4)
of the Maharashtra Control of Organized Crime Act, 1999 and Section
4, 27 and 25 of the Arms Act, 1959 and Section 37(1) and 37(3) of
Maharashtra Police Act, 1951. The First Information Report is filed on
02.05.2024 and Applicant came to be arrested on 02.05.2024.
6. It is prosecution's case that on 01.05.2024 the co - accused
murdered the friend of the first informant on the ground of old
dispute. The allegation against the Applicants are that they used
weapons to commit the crime.
3 of 6
BA.1340.2026 with Group.doc
7. It is the contention of learned Advocate for the Applicants
that Accused No.3 and Accused No.10 are behind bars for more than 2
years and 5 months and Accused No.1 is behind bars for 2 years and
11 months. The co - accused, against whom similar and serious
allegations are made, have been released on bail by this Court, hence,
Applicant is entitled for bail on the ground of parity. Hence they
request to allow the Application.
8. It is contention of learned APP that dangerous weapons are
used by the accused persons in the crime and the Applicants have
antecedents. It is submitted that if released on bail, they may abscond
or threaten the prosecution witnesses. Hence request is to reject the
Bail Applications.
9. I have heard the learned Advocates appearing for the parties
and with their able assistance, perused the record of the case.
Submissions made by learned Advocates at the bar have received due
consideration of the Court.
10. The Applicants are behind bars for more than 2 years and 5
months. To prove the case against the Applicant, trial is required. The
other co - accused viz Ganesh Dhamale, Kamlesh Pathare, Anil Chorge,
Nilesh Mudliyar and Roshan Solanke against whom serious allegations
are made which are on a higher footing than the Applicants have
already been released on bail by this Court. Considering these facts,
4 of 6
BA.1340.2026 with Group.doc
the Applicants are entitled to bail on the ground of parity.
11. Hence, in view of above prima facie observations and
findings, Bail Applications of Applicants are allowed subject to the
following terms and conditions:-
(i) Applicants are directed to be immediately released from
prison in connection with CR. No.554 of 2024;
(ii) Applicants are directed to be released on bail on
furnishing P.R. Bond of Rs.25,000/- each (Rs. Twenty
Five Thousand only) with one or two sureties in the like
amount;
(iii) Applicants shall report to the Investigating Officer at
concerned Police Station, once every month, on the first
Monday of the month between 10:00 a.m. to 12:00
p.m. until commencement of trial and thereafter shall
attend all dates of hearing before the Trial Court;
(iv) Applicants shall cooperate with the conduct of the trial
and remain present before the Trial Court on all dates,
unless specifically exempted. Applicant shall not seek
unnecessary adjournments. Any such conduct shall
entitle the prosecution to apply for cancellation of bail;
(v) Applicants shall not leave the State of Maharashtra
5 of 6
BA.1340.2026 with Group.doc
without prior permission of the Trial Court;
(vi) Applicants shall not influence any of the witnesses or
tamper with the evidence in any manner;
(vii) Applicants shall keep the Investigating Officer informed
of their current residential address and mobile
telephone number and shall forthwith inform the
Investigating Officer of any change in their residential
address or mobile telephone number, as and when such
change occurs; and
(viii) Any breach or infraction of any of the aforesaid
conditions shall entail cancellation of the bail granted to
the Applicant.
12. It is clarified that the observations made in this order are
limited for the purpose of granting bail only and I have not made any
observations on merits of the case. The trial shall be adjudicated on
the strength of the evidence led and strictly on its own merits being
uninfluenced with any of the prima facie observations made
hereinabove in this order.
13. Bail Applications are allowed and disposed in the above terms.
[ MILIND N. JADHAV, J. ]
Ajay
Digitally signed
by AJAY
AJAY TRAMBAK
TRAMBAK UGALMUGALE
UGALMUGALE Date:
6 of 6
2026.10.08
11:15:11 +0530
Checking your session…