Bombay High Court
SANTOSH MARIBBA LADEversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
Bail was granted to the applicant, Santosh Maribba Lade, subject to prescribed conditions.
Summary
The applicant, Santosh Maribba Lade, was arrested in connection with a 2019 murder case (IPC Sections 452, 302, 120(B) and 34) and has been in custody for over seven years. The prosecution alleges that he conspired with the victim's son and another accused (A3) to murder the victim. The applicant's counsel argued that the case rests solely on circumstantial evidence and that there is no direct proof of his involvement, noting that co-accused A3 was already released on bail. The respondent’s counsel invoked the principle of parity, pointing out that the trial is still ongoing with only nine of the required witnesses examined. The court, considering the prolonged detention, lack of conclusive evidence, and the bail granted to A3, ordered the applicant’s release on bail with standard conditions, emphasizing that the order does not prejudice the trial’s merits.
Issues considered
- Whether bail should be granted to the accused in a serious murder and conspiracy case pending trial.
- Whether the principle of parity with a co-accused already on bail warrants granting bail to the applicant.
- Whether the circumstantial nature of the evidence and the length of pre-trial detention justify bail.
Legislation cited
- Indian Penal Code — s. 120(B), 302, 34, 452
Subjects
- bail
- murder
- criminal conspiracy
- circumstantial evidence
- parity principle
- IPC
- pre‑trial detention
Judgment
HEMANT
909.BA2714.26.DOC
CHANDERSEN H.C.SHIV
SHIV
Digitally signed by
HEMANT
CHANDERSEN SHIV IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Date: 2026.09.19
14:07:20 +0300 CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO.2714 OF 2026
Santosh Maribba Lade …Applicant
V/s.
The State of Maharashtra …Respondent
Mr. Bharat Shinde with Mr. Hanumant Bade for the Applicant.
Ms. Veera Shinde, APP for the Respondent-State.
CORAM: SHYAM C. CHANDAK, J.
DATED : 18th SEPTEMBER, 2026
P.C. :-
1. Heard learned Counsel for the parties.
2. Present Application seeks release of the applicant on bail in
connection with C.R. No.I-335 of 2019, registered with Nerul police
station, Thane for the offence punishable under Sections 452, 302,
120(B) and 34 of the Indian Penal Code, 1860 (“IPC”) on the report
dated 25th July 2019, filed by Mr. Dhananjay Thorat.
3. The prosecution case is that, on 25th May 2019, between 10:30
hours and 12:52 hours, some unknown person entered in the house
of Anil Gund and committed the murder of his father Arvind Gund.
During investigation, police arrested accused persons including the
applicant. It is alleged that the deceased used to insist upon his son
Anil Gund to do some work instead of sitting idle at home.
Therefore, Anil Gund hatched a conspiracy with the applicant and
Rohan Barge (A3) and committed the murder.
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H.C.SHIV 909.BA2714.26.DOC
4. Mr. Shinde, learned Counsel for the applicant submitted that,
the entire case is based on circumstantial evidence and, there is no
sufficient evidence against the applicant, showing his involvement
in this crime. The case against A3 is of similar nature, who has been
released on bail. Therefore, the applicant may be released on bail.
5. Ms. Shinde, learned APP submitted that since the allegations
against the applicant and A3 are same, therefore, the principle of
parity is applicable in this case. When A3 was granted bail, the case
was part-heard as only 5 witnesses were examined. Till the date 9
witnesses are examined, but, the Investigating Officer is remained
to be examined. The applicant is behind bars for 7 years 2 months.
Therefore, he is entitled bail. Hence, following Order :-
(i) The Applicant – Santosh Maribba Lade released on bail
in the aforesaid FIR registered with Nerul police station,
Thane on his executing P.R. Bond in the sum of Rs.50,000/-
with one or two sureties in the like amount.
(ii) The Applicant shall regularly attend the proceedings
before the jurisdictional Court unless exempted by the said
Court, for the reasons to be recorded in writing.
(iii) The Applicant shall not tamper with the prosecution
evidence and shall not directly or indirectly influence upon
the prosecution witnesses to prevent them from deposing
against him.
(iv) On being released from jail, the Applicant shall furnish
his contact number and residential address to the
Investigating Officer and shall keep him updated, in case
there is any change.
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H.C.SHIV 909.BA2714.26.DOC
(v) The Applicant shall not indulge in identical activities
for which he has been arraigned in this case.
(vi) It is clarified that any observation made in the present
order are for the purpose of deciding the present Bail
Application and should not influence the out come of the trial
and also not be taken as an expression of opinion on the
merits of the case.
7. Bail Application stands disposed of in aforesaid terms.
(SHYAM C. CHANDAK, J.)
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