Bombay High Court
KIRAN PRABHAKAR PAWARversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
- Bench
- ASHWIN D BHOBE
Holding
Bail is granted to the applicant as there is no material distinction from co‑accused who were released on bail on identical facts.
Summary
The High Court considered the regular bail application of Kiran Prabhakar Pawar, accused No.12 in Crime No.72 of 2025, charged under Sections 318[4], 316[5] and 316[2] of the Bharatiya Nyaya Sanhita, 2023 for allegedly obtaining an unlawful loan and subsidy. The applicant was arrested on 22‑12‑2025 and his earlier bail plea was rejected. He argued that two co‑accused (Nos.9 and 10) had been released on bail on identical facts, seeking parity. The State contended there were no material differences but did not oppose the parity argument. The Court found the allegations against the applicant to be the same as those against the released co‑accused and observed no distinguishing circumstance, therefore granting bail with a personal bond of Rs.25,000 and specific reporting and non‑interference conditions. The bail application was disposed in the applicant’s favour.
Issues considered
- Whether the applicant is entitled to regular bail on the ground of parity with co‑accused who were released on bail under identical facts.
- Whether any material distinction exists that would justify denial of bail to the applicant.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 316[2], 316[5], 318[4]
Subjects
- regular bail
- parity principle
- criminal procedure
- Bharatiya Nyaya Sanhita
- loan fraud
- bail conditions
Judgment
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 2375 OF 2026
Kiran Prabhakar Pawar … Applicant
Versus.
The State of Maharashtra … Respondent
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Mr. Sachin Gite, for the Applicant.
Mr. V. V. Krishnan a/w Adv. A. A. Dixit, (through VC) for the
Respondent No. 2
Mr. Sukanta Karmakar, APP for the Respondent – State.
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CORAM : ASHWIN D. BHOBE, J.
DATE : 25th June, 2026.
P.C. :
1. Heard Mr. Sachin Gite, learned Advocate for the Applicant,
Mr. V. V. Krishnan, learned Advocate for the Respondent No. 2 and
Mr. Sukanta Karmakar, learned APP for the Respondent-State.
2. By the present Application, the Applicant seeks Regular Bail
in Crime No. 72 of 2025, dated 25.03.2025, registered at
Gangapur Police Station, Nashik, for offences punishable under
Sections 318[4], 316[5] and 316[2] of the Bharatiya Nyaya
Sanhita, 2023 (“BNS”).
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3. Said Crime No. 72 of 2025 is registered as RCC No. 1019 of
2025 and is pending before the Additional Chief Judicial
Magistrate, Nashik.
4. Mr. Sukanta Karmakar, learned APP for the Respondent-
State, submits that there are 48 accused in Crime No. 72 of 2025,
of whom 12 have been apprehended.
5. The case of the prosecution is that the Applicant and other
Accused obtained a loan from the Bank of Maharashtra under a
scheme floated by the Government, although they were not
entitled to it. Pursuant to the said loan, the Applicant and the
other Accused received a subsidy to which they were not entitled.
6. The Applicant (Accused No.12) was arrested on 22.12.2025
and remains in jail as of this date. The Criminal Bail Application
289 of 2026, filed by the Applicant, was rejected by the Additional
Session Judge, Nashik, vide order dated 15.04.2026.
7. Mr. Sachin Gite, learned Advocate for the Applicant, submits
that Sanket Subhash Singar (Accused No. 9) and Satish Madanrav
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Pawar (Accused No. 10) in Crime No. 72 of 2025 have been
released on regular bail by this Court. He submits that the orders
dated 07.05.2026 in Criminal Bail Application No. 1976 of 2026
and dated 16.04.2026 in Criminal Bail Application No. 954 of
2026 are at Exhibit -F (page nos. 117 to 123 of the paper book).
He submits that the allegations and the prosecution's case against
the Applicant are similar and identical to those against the said
Accused Nos. 9 and 10. He therefore seeks bail on the ground of
parity.
8. Mr Sukanta Karmakar, learned APP for the Respondent-State,
submits that the allegation against the Applicant is similar to that
against Accused Nos. 9 and 10 and therefore, the case of the
Applicant can be considered on the ground of parity.
9. Mr. Sachin Gite, learned Advocate for the Applicant and
Mr. V. V. Krishnan, learned Advocate for the Respondent No. 2,
submit that the Applicant has returned the entire amount taken by
the Applicant as subsidy.
10. Perused the records and the orders at Exhibit F of the paper
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book.
11. The allegations against the Applicant and Accused Nos. 9
and 10 in Crime No. 72 of 2025 are similar. On identical facts,
Accused Nos. 9 and 10 have been released on bail by this Court.
There is no material placed on record to demonstrate any
distinguishing circumstances that would warrant a different view
in the case of the present Applicant.
12. This Application is therefore allowed on the following
terms:-
(a) Applicant is directed to be released on bail in
connection with C. R. No. 72 of 2025 registered with
Gangapur Police Station, Nashik, upon furnishing a
P.R. Bond in the sum of Rs. 25,000/- (Rupees Twenty
Five Thousand only) with one or two sureties, in the
like amount, to the satisfaction of the Additional Chief
Judicial Magistrate, Nashik in RCC No. 1019 of 2025.
(b) Applicant shall not, directly or indirectly, make
any inducement, threat or promise to any person
acquainted with the facts of the case to dissuade that
person from disclosing the facts to the Court or any
police officer. Applicant shall not tamper with
evidence.
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(c) Applicant shall, within three (3) days of her
release from jail, provide to the Investigating Officer,
Gangapur Police Station, his residential address with
proof, the contact numbers and must inform the
Investigating Officer about the change in the same
from time to time.
(e) Applicant shall report to the Investigating Officer,
Gangapur Police Station, Nashik, once a month, i.e. on
the 2nd Saturday of each month from 11.00a.m. to
12.00 noon till the framing of charge in in RCC No.
1019 of 2025.
13. Criminal Bail Application No. 2375 of 2026 is disposed of.
(ASHWIN D. BHOBE, J.)
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