Bombay High Court
SONU ALIAS ONKAR BIRA PUKALEversusTHE STATE OF MAHARASHTRA
- Disposal
- Allowed
- Bench
- NITIN B SURYAWANSHI
Holding
The Court allowed the bail application, holding that the applicant is entitled to bail on the grounds of long incarceration, violation of the right to speedy trial and parity with a co‑accused.
Summary
The applicant, Sonu alias Onkar Bira Pukale, was charged with murder, conspiracy, and several other offences under the IPC, Arms Act, Maharashtra Police Act and the Maharashtra Control of Organised Crime Act. He has been in custody since December 9, 2018, and the charge‑sheet has been filed but no charges have been framed, with the prosecution listing 122 witnesses, indicating a protracted trial. The applicant sought bail on the grounds of violation of his right to a speedy trial, long incarceration, and parity with a co‑accused who had earlier been released on bail. The Court examined these grounds and, noting the extensive delay and the principle of parity, held that bail was appropriate despite the seriousness of the offences. Consequently, the bail application was allowed, subject to a personal bond of Rs.25,000 and monthly reporting to the police station.
Issues considered
- Whether bail can be granted to an accused of murder and other serious offences under the IPC, Arms Act, Maharashtra Police Act and MCOC Act pending trial.
- Whether the applicant's right to a speedy trial and the length of incarceration justify granting bail.
- Whether parity with a co‑accused who obtained bail is a sufficient ground for granting bail.
Legislation cited
- Arms Act — s. 25, 27, 3, 4, 5
- Indian Penal Code, 1860 — s. 120-B, 143, 147, 148, 149, 201, 203, 302
- Maharashtra Control of Organised Crime Act, 1999 — s. 3(1)(i), 3(1)(ii), 3(2), 3(4)
- Maharashtra Police Act — s. 135
Subjects
- bail
- right to speedy trial
- parity
- organized crime
- murder
- IPC
- MCOC Act
- long incarceration
Judgment
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908-BA-3686-2025.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 3686 OF 2025
Sonu Alias Onkar Bira Pukale ...Applicant
Vs.
The State of Maharashtra ...Respondent
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Mr. Priyal Sarda a/w Mr. Onkar Bajaj, for Applicant.
Mr. S. H. Yadav, APP, for the Respondent-State.
-----
CORAM : NITIN B. SURYAWANSHI, J.
Digitally
signed by
SHANTANU
SHANTANU SHANKARSA
DATE : 8th JANUARY 2026.
SHANKARSA DHUDUM
DHUDUM Date:
2026.01.08
19:46:25
+0530 P.C.
1. The Applicant seeks bail in Crime No.244 of 2018 registered
with Pandharpur City Police Station, District: Solapur, for the offences
punishable under Sections 302, 203, 120-B, 201, 143, 147, 148 and
149 of the Indian Penal Code, 1860 (for short, “IPC”) and Sections 3,
4, 25, 5 and 27 of the Arms Act and Section 135 of the Maharashtra
Police Act and Sections 3(1)(i), 3(1)(ii), 3(2), 3(4) of the
Maharashtra Control of Organised Crime Act, 1999 (for short, “MCOC
Act”).
2. The prosecution case in short is that the present Applicant is
a member of organised crime syndicate formed by co-accused gopal
Ankushrao. It is alleged that the deceased who was the member of
Shantanu S. Dhudum
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908-BA-3686-2025.DOC
municipal council, Pandharpur was protecting the businessman and
other people from the illegal activities of the co-accused Gopal
Ankushrao and other members of his gang. It is alleged that they
were thus annoyed with the deceased and thus on the date of
incident which took place on 18.03.2018, they committed his murder.
3. Heard learned Advocate for the Applicant and learned APP
for the Respondent – State. Perused the record.
4. The bail is sought on the ground of parity and long
incarceration. The Applicant is arrested on 9th December, 2018 and till
date he is in jail. Though charge-sheet is filed and the case is
numbered as Sessions Case No.1 of 2020 till date even charge is not
framed. The prosecution has cited 122 witnesses thus obviously the
trial is not likely to conclude in near future. Since, the right of the
Applicant of speedy trial is violated the Applicant deserves to be
released on bail.
5. The Sachin Bhagwan Waghmare co-accused in the present
crime is released on bail by this Court in Criminal Bail Application
No.488 of 2025 vide order dated 19 th March, 2025 on the ground of
long incarceration. Thus, the Applicant also is entitled to be released
on bail on the ground of parity.
6. In the result, the application is allowed.
Shantanu S. Dhudum
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908-BA-3686-2025.DOC
7. The Applicant - Sonu Alias Onkar Bira Pukale be released on
bail in Crime No.244 of 2018 registered with Pandharpur City Police
Station, District: Solapur, for the offences punishable under Sections
302, 203, 120-B, 201, 143, 147, 148 and 149 of the Indian Penal
Code, 1860 (for short, “IPC”) and Sections 3, 4, 25, 5 and 27 of the
Arms Act and Section 135 of the Maharashtra Police Act and Sections
3(1)(i), 3(1)(ii), 3(2), 3(4) of the Maharashtra Control of Organised
Crime Act, 1999 (for short, “MCOC Act”), on furnishing Personal
Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with
one or two sureties in the like amount.
8. The Applicant shall attend the concerned police station once
in a month, i.e. on first Saturday between 11:00 a.m. to 2:00 p.m., till
conclusion of the trial.
(NITIN B. SURYAWANSHI, J.)
Shantanu S. Dhudum
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