Bombay High Court
PIYUSH NITIN DONDEversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
- Bench
- ASHWIN D BHOBE
Holding
The court held that the principle of parity applies and granted bail to the applicant.
Summary
The applicant, Piyush Nitin Donde, filed a bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail in a case involving alleged participation in a dacoity and charges under Section 310(4) of the Bharatiya Nyaya Sanhita, 2023, the Indian Arms Act, 1959, and the Maharashtra Police Act, 1951. The prosecution alleged that the accused were preparing for dacoity on 1 October 2025, but the applicant was not present at the spot where four other accused were arrested. The applicant argued that another co‑accused (Accused No. 5) had been released on bail in a similar circumstance, invoking the principle of parity. The court examined the earlier bail order (Criminal Bail Application No. 1640 of 2026) and found the facts and role of the applicant to be analogous to those of Accused No. 5. Applying the parity principle, the court granted bail with a cash bond of Rs 25,000 and imposed standard reporting and non‑interference conditions. The bail application was therefore allowed and disposed of.
Issues considered
- Whether the applicant is entitled to bail on the ground of parity with a co‑accused previously released on bail under similar facts.
- Whether the seriousness of the offences under the Bharatiya Nyaya Sanhita, Indian Arms Act and Maharashtra Police Act precludes the grant of bail.
Legislation cited
- Arms Act, 1959 — s. 25, 3, 4
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Bharatiya Nyaya Sanhita, 2023 — s. 310(4)
- Maharashtra Police Act, 1951 — s. 135
Subjects
- bail
- parity
- criminal procedure
- serious offences
- Indian Arms Act
- Bharatiya Nyaya Sanhita
- Maharashtra Police Act
Judgment
14-BA-2442-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 2442 OF 2026
Piyush Nitin Donde … Applicant
Versus
State of Maharashtra … Respondent
-----
Mr. Amit Pradhan, for the Applicant.
Mr. Yogesh Nakhawa, APP for the Respondent – State.
-------
CORAM : ASHWIN D. BHOBE, J.
DATE : 22nd June, 2026.
P.C. :
1. By the present Application filed under Section 483 of
Bharatiya Nagarik Suraksha Sanhita, 2023, the Applicant seeks
Regular bail in C.R. No. 479 of 2025 registered with the Nashik
Road Police Station, Nashik, for offences punishable under
Sections 310(4) of the Bharatiya Nyaya Sanhita, 2023 (for short,
“BNS”), Sections 3, 4 r/w 25 of the Indian Arms Act, 1959 and
Section 135 of the Maharashtra Police Act, 1951. The same is
registered as Sessions Case No. 561 of 2025.
2. Mr. Amit Pradhan, learned Advocate for the Applicant,
submits that the prosecution's case is that on 01.10.2025, Accused
Arjun 1
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Nos. 1 to 4 in C.R. No. 479 of 2025, were apprehended while
preparing for dacoity. He submits that the Applicant (Accused No.
7) was not at the spot where Accused Nos. 1 to 4 were arrested.
He further submits that in an identical situation, Accused No. 5
(Aditya @ Billa Sunil Jaras) has been released on bail by this
Court. He tenders a copy of the order dated 04.05.2026 passed by
this Court in Criminal Bail Application No. 1640 of 2026, same is
taken on record and marked with “X” for identification. He
therefore submits that the Applicant is entitled to bail on the
ground of parity.
3. Mr. Yogesh Nakhwa, learned APP for the Respondent – State,
submits that the case of the prosecution against the Accused No. 5
(Aditya @ Billa Sunil Jaras) is identical to that of the Applicant
and therefore, the case of the Applicant can be considered on the
ground of parity.
4. Perused the records and the order dated 04.05.2026, passed
by this Court in Criminal Bail Application No. 1640 of 2026.
5. The allegations and the role assigned to the Applicant
Arjun 2
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(Accused No. 7) are like the role assigned to Accused No. 5 (Aditya
@ Billa Sunil Jaras) in C.R. No. 479 of 2025, as submitted by Mr.
Amit Pradhan, learned Advocate for the Applicant. Further, the
Applicant and Accused No. 5 were not arrested at the spot where
the other Accused Nos. 1 to 4 were arrested. On similar facts,
Accused No. 5 has been released on bail by this Court.
6. Considering the above, the principle of parity would apply,
and the Applicant would be entitled to bail on the ground of parity.
7. In view of the above, this Application is allowed on the
following terms :-
(a) The Applicant in C.R. No. 479 of 2025,
registered with Nashik Road Police Station, Nashik,
shall be released on bail upon furnishing a PR
bond of Rs. 25,000/- (Rupees Twenty-Five
Thousand only) with one or two solvent sureties in
the like amount, to the satisfaction of the
Additional Sessions Judge, Nashik Road, in
Sessions Case No. 561 of 2025.
Arjun 3
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(b) The 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.
(c) The Applicant shall, within three (3) days of
his release from jail, provide to the Investigating
Officer, Nashik Road Police Station, Nashik, his
residential address with proof, the contact numbers
and must inform the Investigating Officer about
the change in the same from time to time.
(d) The Applicant shall report to the
Investigating Officer at the Nashik Road Police
Station, Nashik, once a month, i.e. on the 2nd
Saturday of each month, from 11:00 a.m. to 12:00
p.m. till the framing of charge in Sessions Case No.
561 of 2025.
Arjun 4
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(e) The Applicant shall regularly appear before
the Additional Sessions Judge, Nashik Road, in
Sessions Case No. 561 of 2025, as and when the
matter is fixed, unless specifically exempted.
8. Bail Application No. 2442 of 2026 is disposed of.
(ASHWIN D. BHOBE, J.)
Digitally
signed by
ARJUN
ARJUN KRISHNA
KRISHNA RODGE
RODGE Date:
2026.06.22
20:35:13
+0530
Arjun 5
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