Bombay High Court
AMIT JOGINDER VISHWAKARMAversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
- Bench
- R M JOSHI
Holding
Bail was granted to the applicants on the ground of parity with co‑accused, despite the prima‑facie murder finding.
Summary
The applicants, Avinash Kadam, Amit Vishwakarma and Sahil Kadam, sought bail in connection with CR No. 837 of 2024, which alleged offences under several sections of the Bharatiya Nyaya Sanhita, 2023 and Section 135 of the Maharashtra Police Act. They invoked the principle of parity, relying on an earlier bail order (Criminal Bail Application No. 4676 of 2025) that had granted bail to co‑accused with an identical role. The intervenor opposed, arguing that the earlier order was passed without being heard and that a prima‑facie case of murder existed against the applicants. The State reiterated its opposition. The Court, after noting the prima‑facie finding of murder but emphasizing that it could not overturn the earlier finding, applied the parity principle and allowed the bail applications, subject to a personal bond and surety.
Issues considered
- Whether bail should be granted to the applicants on the basis of parity with co‑accused previously released on bail.
- Whether the prima‑facie finding of murder precludes the grant of bail.
- Whether the intervenor’s objection regarding lack of hearing in the earlier order is sufficient to deny bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 115(2), 189(2), 189(4), 190, 191(2), 324(4), 3(5), 352, 74
- Maharashtra Police Act — s. 135
Subjects
- bail
- parity
- prima facie murder
- Bharatiya Nyaya Sanhita
- Maharashtra Police Act
- criminal procedure
- intervention
Judgment
14-BA-4312--2025
Navnath Waghmare
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO.4312 OF 2025
Avinash Namdev Kadam @ Avinash Namdeo …Applicant
Kadam
Versus
The State of Maharashtra …Respondent
WITH
CRIMINAL BAIL APPLICATION NO.3643 OF 2025
Amit Joginder Vishwakarma …Applicant
Versus
The State of Maharashtra …Respondent
WITH
CRIMINAL BAIL APPLICATION NO. 4250 OF 2025
Sahil Sikandar Kadam @ Saahil and Anr …Applicants
Versus
The State of Maharashtra …Respondent
Mr. Samarth Shrikant Karmarkar a/w Tarun Shailesh Shrivastava,
Adarsh Ashok Mishra i/b Karmarkar & Associates for the Applicant
in BA. 4250/2025.
Mr. Bharat K. Manghani for the Applicant in B.A. 3643/2025
Mr. Mallika Ingale for the Applicant in B.A. 4312/2025.
Mrs. S.D. Shinde, APP for the Respondent-State.
Mr. Gaurav Shukla a/w D. Shukla i/b Apex Juris LLP for the
Intervenor.
Mr. Hemant Kadukar, PI, Dindoshi Police Statioin, Mumbai
CORAM: R. M. JOSHI, J.
DATED: 18th APRIL, 2026
PC:-
Page 1 of 4
18th APRIL, 2026
14-BA-4312--2025
Navnath Waghmare
1. The applicants seeks bail in connection with CR. No. 837 of
2024 registered with Dindoshi Police Station for the offences
punishable under Sections 103(1), 115(2), 352, 324(4), 189(2),
189(4), 190, 191(2) 74 and 3(5) of the Bharatiya Nyaya Sanhita,
2023, (for short 'BNS') and Section 135 of the Maharashtra Police
Act.
2. Applicants seeks bail on parity, in this regard reference is
made to the order dated 06.03.2026 passed by this Court in
Criminal Bail Application bearing No. 4676 of 2025. Learned
counsel for the applicants, considering identical role attributed to
the applicants, they are entitled to enlarged on bail on parity.
3. Learned counsel for the intervener opposes the application
on the ground that, while passing earlier order, the intervener was
not heard. It is his submitted that, having regard to the material
evidence on record, the offence of murder is attributable to the
applicant. It is his further submitted that apart from the assault
was caused on the deceased, the act of the accused in preventing
the deceased from being taken to a nearby hospital indicates their
intention to to cause his death. Learned counsel for the Intervenor
also states that the order dated 06.03.2026 passed by this Court in
Page 2 of 4
18th APRIL, 2026
14-BA-4312--2025
Navnath Waghmare
Criminal Bail Application No. 4676 of 2025 has been taken
exception to the Hon'ble Supreme Court, and is yet to be decided.
4. Learned APP opposes the application by reiterating
submissions made at the time of hearing of the Criminal Bail
Application No. 4676 of 2025.
5. This Court after taking into consideration the chargesheet
and material placed on record has recorded prima-facie finding
with regard to the applicability or otherwise of the charge of
murder against the accused persons. It is not open for this Court to
record any contrary findings to the one already recorded. Having
regard to the identical role of applicants as compared to the
accused enlarged on bail, this is a case to apply parity. In any case,
since the bail is granted on parity, in the event Hon'ble Supreme
Court interferes in the order passed by this Court order dated
06.03.2026, the same would apply to present applicants.
6. Hence, following order:-
ORDER
a) The Bail Applications stand allowed.
Page 3 of 4
18th APRIL, 2026
14-BA-4312--2025
Navnath Waghmare
b) The applicant(s) be enlarged on bail in connection with CR.
No. 837 of 2024, registered with Dindoshi Police Station on
furnishing PR Bond of Rs. 15,000/- with one solvent surety in the
like amount to the satisfaction of the Trial Court.
c) The applicant not to interfere into the evidence of the
prosecution in any manner whatsoever.
d) The applicant to attend all dates of hearing before the Trial
Court unless exempted by passing specific order.
(R. M. JOSHI, J.)
{
Page 4 of 4
18th APRIL, 2026
Checking your session…