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Bombay High Court

AMIT MADHUKAR BHOGLEversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Rejected

Holding

The bail application is dismissed as the applicant’s serious criminal antecedents and risk of repeat offence preclude the application of parity in his favour.

Summary

The applicant, Amit Madhukar Bhogle, sought bail in a criminal appeal before the Bombay High Court. The Court examined his extensive criminal record, which includes multiple cases involving serious offences such as murder, attempt to murder, and violations of the Arms Act, many of which resulted in acquittals but several remain pending. The primary issue before the Court was whether bail could be granted on the ground of parity despite these antecedents. The Court held that the applicant’s history of serious bodily offences created a substantial risk of repeat offending, rendering the parity principle inapplicable. Consequently, the bail application was rejected. The judgment underscores the Court’s discretion to deny bail where the nature of past conduct indicates a likelihood of reoffending.

Issues considered

  • Whether bail should be granted to the applicant in view of his extensive criminal antecedents.
  • Whether the principle of parity can be invoked to justify bail for an accused with serious past offences.
  • Whether the risk of the applicant committing similar offences warrants refusal of bail.

Legislation cited

Subjects

  • bail
  • parity
  • criminal antecedents
  • repeat offence risk
  • high court
  • serious offences
  • Indian Penal Code
  • Arms Act

Judgment

HEMANT
CHANDERSEN
SHIV
Digitally signed by     H.C.SHIV                                                       61.w2806.26.doc
HEMANT
CHANDERSEN SHIV
Date: 2026.09.02
11:37:12 +0300                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           CRIMINAL APPELLATE JURISDICTION
                                        CRIMINAL BAIL APPLICATION NO.2806 OF 2026

                        Amit Madhukar Bhogle                           ...Applicant
                              V/s.
                        The State of Maharashtra                       ...Respondent
                                                      _____________
                        Mr. Priyal Sarda i/b Pratik Deshmukh for the Applicant.
                        Ms. Veera Shinde, APP for the Respondent.
                        Mr. Dharmapal Bansode, ACP, Crime Branch Unit-7 present.
                                                      _____________
                                                           CORAM : SHYAM C. CHANDAK, J.
                                                           DATED : 25th AUGUST, 2026
                        P.C. :-

                        1.         Heard learned Counsel for the parties.

                        2.         On earlier occasion, this Court declined to release the Applicant on
                        bail on merits and also for having criminal antecedents. The Applicant has
                        following antecedents :-


                 Sr.         Case Details                 Provisions                 Status
                 No.
                  1. MCOC Spl. Case No.9/2015 u/s. 302, 307, 342, 452 r/w 34 Acquitted on
                     (Session Court, Greater  & 506-II r/w 120B of IPC and         27.03.2026
                     Mumbai)C.R.No.314/2013 u/s 3/25, 3/27 of Arms Act and
                     in Bhandup PS            u/s 3(1)(i), 3(1)(ii), 3(2), 3(4) of
                                              MCOC Act.

                      2. Session Case 75/2008 a/w           u/s. 302, 307 r/w 34 of IPC &    Acquitted on
                         406/2008                          section 3 r/w 25 r/w 7, r/w 27     29.09.2017
                         (Session Court,                   of the Arms Act
                         Gr.Mumbai)
                         CR-99/2007 at DCB CID

                      3. Police Warrant                    u/s 379, 34 of IPC                Acquitted on
                         PW/50/2008 (Addl.Chief                                               22.03.2019
                         Judicial Magistrate Court,


                                                                                                          1/3
   H.C.SHIV                                                    61.w2806.26.doc


    Vikhroli) CR-297/2007 in
    Parksite PS

4. Police Warrant                u/s 143, 147, 149, 324 of IPC &     Acquitted on
   PW/267/2007 JMFC              U/s 37-1(a), 135 of Regional         04.03.2013
   Mulund CR-85/2007 at          and Town Planning Act.
   Bhandup P.S.

5. Session Case 566/2009     u/s 147, 148, 302 r/w 149 of            Acquitted on
   Session Court Gr.Bombay   IPC                                      23.02.2010
   CR-170/2009 at Bhandup PS

6. Police Case PS/705/2018 u/s 3, 4 of Prevention of   For appearance
   JMFC Mulund CR-56/2018 Damage to Public Property Act (Charge not
   Bhandup PS.                                            framed)

7. Session Case 399/2023         u/s 307, 143, 144, 148,149,          Charged not
   Addl. Session Court, Belapur 120B                                    Framed
   CR-350/2019 at Rabale PS

8. Police Case PW/238/2011       u/s. 3, 25 Arms Act                  For hearing
   JMFC Mulund CR-                                                    (Charge not
   402/2010 at Bhandup PS                                               framed)

9. CR 222 of 2007 at             u/s 307, 34 of IPC a/w Section
   Ulhasnagar PS                 3, 25(1) Arms Act

10. CR No.244 of 2007 at         u/s. 307, 302, 34 of IPC a/w
    Vikroli PS                   Section 3, 25 of Arms Act

11. CR No.08 of 2008 at          u/s 3, 25 of Arms Act a/w 37(1),
    Goregaon PS                  (a), 135 Regional and Town
                                 Planning Act
12. CR No.13 of 2011 at          u/s 3, 25 of Arms Act
    Unit 7, Crime Branch,
    Mumbai.

13. CR No.89 of 2021 at Unit 7, u/s 302, 326, 342, 143, 144,
    Crime Branch, Mumbai        148, 149, 506, 120B, 34 of IPC
                                a/w Section 37(1)(a), 135 of
                                Maharashtra Police Act a/w
                                Sec. 3, 25 & 4, 25 of Arms Act

14. CR 280 of 2003 at            u/s 302 of IPC
    Bhandup PS



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H.C.SHIV                                                     61.w2806.26.doc




3.         The aforesaid chart clearly indicates that the Applicant is majorly
involved in serious bodily offences. Therefore, if the Applicant is released
on bail on the ground of parity, there is a possibility of him committing
similar offence. Therefore, I am not inclined to consider this Application
favorably on the ground of parity. As a result, the Application is liable to be
rejected and is rejected, accordingly.




                                               (SHYAM C. CHANDAK, J.)




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