Bombay High Court
NITIN BABURAO DHONEversusTHE STATE OF MAHARASHTRA
- Disposal
- Disposed Off
- Bench
- NITIN B SURYAWANSHI
Holding
Bail was granted to the applicants on the ground of parity with the co‑accused, subject to personal bond and standard conditions.
Summary
The applicants, Pankaj Bhaskar Pawar and Nitin Baburao Dhone, were arrested for allegedly facilitating prostitution under the Bharatiya Nyaya Sanhita, 2023 and the Immoral Traffic (Prevention) Act, 1956 after a police raid on Aryan Lodge uncovered prostitution activities. The prosecution alleged that the applicants suggested a victim to go to the lodge for prostitution. Both applied for bail, invoking parity with a co‑accused, Rizwana Jabir Shaikh, who had been granted bail by the same court. The court examined whether the parity principle justified bail and whether the applicants satisfied the conditions for bail under the relevant statutes. Finding no substantive reason to deny bail and noting the precedent of the co‑accused’s release, the court granted bail to both applicants on personal bond with sureties and imposed standard conditions.
Issues considered
- Whether bail should be granted to the applicants on the ground of parity with a co‑accused who was released.
- Whether the allegations under the Bharatiya Nyaya Sanhita, 2023 and the Immoral Traffic (Prevention) Act, 1956 preclude the grant of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 143(2), 144(2), 3(5)
- Immoral Traffic (Prevention) Act, 1956 — s. 3, 4, 5, 6
Subjects
- bail
- parity principle
- prostitution
- Bharatiya Nyaya Sanhita
- Immoral Traffic (Prevention) Act
- criminal procedure
Judgment
1
22-BA-3683-2025 AW 88-BA-3705-2025 (CR).DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 3683 OF 2025
Pankaj Bhaskar Pawar ...Applicant
Vs.
State of Maharashtra ...Respondent
WITH
CRIMINAL BAIL APPLICATION NO. 3705 OF 2025
Nitin Baburao Dhone ...Applicant
Vs.
The State of Maharashtra ...Respondent
-----
Digitally
Mr. Santosh Potdar a/w Mr. Javed Shaikh, Mr. Shreyas Samant, Adv.
signed by
SHANTANU
SHANTANU SHANKARSA
SHANKARSA DHUDUM
DHUDUM Date:
Jolly Bhuttelo and Mr. Santosh Chougule, for Applicant in
2026.01.28
19:37:34
+0530
BA/3683/2025.
Mr. Jaydeep Mane, for Applicant in BA/3705/2025.
Mr. P. P. Deokar, APP, for the Respondent-State in BA/3683/2025.
Dr. A. A. Takalkar, APP, for the Respondent-State in BA/3705/2025.
-----
CORAM : NITIN B. SURYAWANSHI, J.
DATE : 28th JANUARY 2026.
P.C.
1. Both the Applicants seek bail in Crime No.690 of 2025
registered with Mohol Police Station, Solapur Rural, for the offences
punishable under Sections 143(2), 144(2), 3(5) of the Bharatiya
Nyaya Sanhita, 2023 (for short, “BNS Act”) and Sections 3, 4, 5 and 6
of the Immoral Traffic (Prevention) Act, 1956.
Shantanu S. Dhudum
2
22-BA-3683-2025 AW 88-BA-3705-2025 (CR).DOC
2. Prosecution case in short is that on secret information,
police raided Aryan Lodge and found that prostitution was going on.
It is alleged that the Applicant suggested the victim to go to the said
lodge for doing prostitution.
3. The Applicants seek bail on the ground of parity as co-
accused in present crime namely Rizwana Jabir Shaikh is granted bail
by this Court (Coram: Shivkumar Dige, J.) vide order dated 19 th
December, 2025.
4. The Applicants Pankaj Bhaskar Pawar is arrested on 19th
June, 2025 and Nitin Baburao Dhone is arrested on 25 th July, 2025.
Charge-sheet in the present crime is filed on 13th August, 2025.
5. This Court has granted bail to the co-accused Rizwana Jabir
Shaikh. Therefore, on the ground of parity, the Applicants are entitled
for bail.
6. In the result, applications are allowed.
7. The Applicants - Pankaj Bhaskar Pawar and Nitin Baburao
Dhone be enlarged on bail in connection with Crime No.690 of 2025
registered with Mohol Police Station, Solapur Rural, District: Solapur,
on executing Personal Bond of Rs.20,000/- each with one or two
sureties in the like amount.
8. The Applicants shall attend the Court dates regularly.
Shantanu S. Dhudum
3
22-BA-3683-2025 AW 88-BA-3705-2025 (CR).DOC
9. The Applicants shall not tamper with the evidence or
attempt to influence or contact the complainant, witnesses or any
person concerned with the case.
10. The Application is allowed in the aforesaid terms and is
accordingly disposed of.
(NITIN B. SURYAWANSHI, J.)
Shantanu S. Dhudum
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