Bombay High Court

ASHOK MAHADEV THORATversusSTATE OF MAHARASHTRA

Decided: 7 July 2026
Disposal: Allowed
Bench: ASHWIN D BHOBE

Holding

Bail is granted to the applicant on the condition of furnishing a personal bond and compliance with stipulated terms.

Summary

The applicant, accused of murder and offences under Sections 302, 201 r/w 34 IPC, was arrested on 22 December 2023 and denied bail by the Sessions Court. He sought regular bail, arguing that a co-accused (Accused No.5) with similar allegations had been released on bail, invoking the principle of parity. The prosecution highlighted CCTV footage showing the applicant at the crime scene and assisting in disposing of the body, contending his involvement in a serious offence. The court noted that the alleged act of carrying the wrapped body falls under Section 201, which is a bailable offence, and observed that charges had not yet been framed despite a long pre‑trial detention. Considering the parity with the co‑accused, the bailability of the charge, and the lack of further material, the court granted bail with specific conditions.

Issues considered

Whether the applicant is entitled to bail despite being charged with murder and related offences.
Whether the grant of bail to a co‑accused on similar facts creates a parity right for the applicant.
Whether the alleged conduct falls under Section 201 IPC, a bailable offence, affecting bail eligibility.
Whether the length of pre‑trial detention warrants bail.

Legislation cited

Indian Penal Code, 1860 — s. 201, 302, 34

Subjects

bail
murder
IPC
Section 201
parity
pre‑trial detention
CCTV evidence
bailability

Judgment

Digitally signed (906) BA-2654.26.DOCX
by LAXMIKANT
LAXMIKANT GOPAL
GOPAL CHANDAN
CHANDAN Date: lgc
2026.07.07
20:41:12 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION

CRIMINAL BAIL APPLICATION NO.2654 OF 2026

Ashok Mahadev Thorat : Applicant.
Versus.
The State of Maharashtra : Respondent.

-----

Mr. Piyush Toshnival a/w Mr. Nilabh Toshnival i/by Mr. Ashish
Pawar for the Applicant.
Ms. Shilpa Talhar, APP for the Respondent/State.
-------

CORAM : ASHWIN D. BHOBE, J.

DATED : 07 JULY 2026
PC:-

1. Heard Mr. Piyush Toshnival, learned Advocate for the
Applicant and Ms. Shilpa Talhar, learned APP for the Respondent –
State.

2. By the present Application, the Applicant seeks Regular Bail
in the crime bearing C.R. No. 632 of 2023, dated 21/12/2023,
registered with Paud Police Station, District Pune, for offences
punishable under Sections 302, 201 r/w 34 of the Indian Penal
Code.

3. There are 7 accused in the present crime. Applicant is
Accused No.1. The said Crime No.632 of 2023 is registered as

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(906) BA-2654.26.DOCX

Sessions Case No. 680 of 2024 and is pending before the
Additional Sessions Judge, Pune (“Sessions Court”)

4. The case of the prosecution is that the Applicant and the co-
accused committed the murder of Joseph Pereira (deceased). The
motive for the murder was that the deceased, who was in a live-in
relationship with Dolly Pereira (Accused No.6), was treating her
cruelly, harassing and assaulting her.

5. Applicant was arrested on 22 December 2023. Bail
Application at Exhibit 26 filed by the Applicant along with other
two co-accused in Sessions Court No. 680 of 2024 was dismissed
by the Sessions Court by a common order dated 20 April 2026.

6. Mr. Piyush Toshnivala, learned Advocate for the Applicant,
submits that Accused No.5 - Naman Tagraj Pille, against whom the
allegations are almost similar to those of the Applicant, has been
released on bail by this Court vide order dated 06 April 2026 in
Criminal Bail Application No.2405 of 2025 (Pages 258 to 260 of
the paper book). He submits that, since Accused No.5 has been
granted bail, the Applicant would be entitled to bail on the ground
of parity.

7. Ms. Shilpa Talhar, learned APP for the Respondent/State,
submits that the presence of the Applicant along with the co-
accused at the scene of offence is captured in the CCTV footage.
She submits that the involvement of the Applicant in the present
crime is of assisting the co-accused in disposing of the body of the
deceased.

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(906) BA-2654.26.DOCX

8. Perused the records and the order dated 06 April 2026
passed by this Court in Criminal Bail Application No.2405 of 2025.

9. The allegations against the Applicant are that he was present
at the place of the incident and further, the Applicant is seen
assisting the co-accused in carrying the wrapped body of the
deceased in the bedsheet and keeping it in a vehicle. Mr. Piyush
Toshnival, learned Advocate for the Applicant, submits that apart
from the said allegations, there is no other material against the
Applicant in the present crime.

10. Mr. Naman Tegraj Pille (Accused No.5), whose presence is
also captured in the CCTV footage entering and exiting the house
of the deceased, has been released on bail.

11. The allegation that the Applicant was seen carrying the
wrapped body is accepted then the offence would be under Section
201 of the Indian Penal Code, which is a bailable offence.

12. Mr. Piyush Toshnival, learned Advocate for the Applicant,
states that till date charge in Sessions Case No.680 of 2024 is not
framed. He submits that the prosecution has enlisted 30 witnesses.
Applicant has been in jail for almost 2 years and 6 months.

13. Considering the above-mentioned facts, the allegations made
against the Applicant and the fact that Accused No.5 has been
released on bail, the Applicant's continued detention in jail
pending trial in Sessions Case No.680 of 2024 is not required.

14. This Application is allowed on the following terms :-

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(906) BA-2654.26.DOCX

(a) Applicant is directed to be released on bail in
connection with C.R. No. 632of 2023 registered with
Paud Police Station, District Pune upon furnishing a P.R.
Bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand
only) with one or two sureties, each in the like amount,
to the satisfaction of the Additional Sessions Judge, Pune
in Sessions Case No.680 of 2024.

(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 and shall not tamper with evidence.

(c) Applicant shall, within three (3) days of her
release from jail, provide to the Investigating Officer,
Paud Police Station, District Pune 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) Applicant shall appear and report to the
Investigating Officer, Paud Police Station, District Pune
on the 2nd Saturday of each month from 11.00 to 12.00
noon, till further orders from the Sessions Court, Pune.

(e) Applicant shall regularly appear before
the Sessions Court, Pune in Sessions Case No. 680 of
2024, as and when the matter is fixed, unless specifically
exempted.

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(f) In the event of the Applicant's absence on the
date fixed in Sessions Case No. 680 of 2024, the
prosecution is at liberty to move for cancellation of bail.

15. Criminal Bail Application No. 2654 of 2026 disposed of

(ASHWIN D. BHOBE, J.)

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