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Bombay High Court

KIRAN PRABHAKAR PAWARversusSTATE OF MAHARASHTRA

Decided
Disposal
Allowed

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

Subjects

  • regular bail
  • parity principle
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • loan fraud
  • bail conditions

Judgment

                                                        916-BA-2375-2026.doc


             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
                                  -----
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.
                                 -------

                                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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