Bombay High Court
DARSHAN UTTAM DHONDEversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
- Bench
- SHIVKUMAR DIGE
Holding
The Court held that the applicant is entitled to bail on the principle of parity and granted it subject to conditions.
Summary
The applicant, Darshan Uttam Dhonde, was charged in Crime No.233 of 2024 with offences including attempt to murder, criminal conspiracy, unlawful assembly, and violations under the Arms Act, Maharashtra Police Act and the Maharashtra Control of Organised Crime Act. The prosecution alleged that on 7 April 2024 he and co‑accused assaulted a first informant with a sickle and fired at him with intent to kill. The applicant contended that the informant suffered no injury, he has no prior record, and he has been in custody for over one year and eight months without trial progress, seeking regular bail. The State argued that releasing him could lead to absconding or intimidation of the informant and witnesses. The Court, noting that a co‑accused in the same case had been released on bail and applying the principle of parity, granted bail on condition of a Rs.30,000 bond, sureties, and compliance with non‑interference directives, while emphasizing that the trial will proceed on its merits.
Issues considered
- Whether bail should be granted in a case involving serious offences such as attempt to murder and organized crime charges.
- Whether the risk of the applicant absconding or tampering with evidence outweighs his right to bail.
- Whether the principle of parity with a co‑accused released on bail mandates granting bail to the applicant.
Legislation cited
- Arms Act — s. 3(25), 4(25), 5(1), 5(27)
- Indian Penal Code, 1860 — s. 120-B, 143, 144, 147, 148, 149, 307
- Maharashtra Control of Organised Crime Act, 1999 — s. 3(1)(ii), 3(2), 3(4)
- Maharashtra Police Act — s. 135, 142
Subjects
- bail
- attempt to murder
- organized crime
- parity
- pre‑trial detention
- conditions of bail
- IPC
- MCOCA
Judgment
29-BA-3956-2025.doc
Shubhada S Kadam
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 3956 OF 2025
Darshan Uttam Dhonde … Applicant/s
Versus
The State of Maharashtra … Respondent/s
_________________________________________________________________
Mr. Mandaar Goswami along with Mr. Siddhant Choudhari, Advocate for
the Applicant.
Ms. Gauri Rao, APP for Respondent-State.
_________________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 4th MARCH, 2026.
P.C. :
1. By this application, the applicant is seeking regular bail in
Crime No.233 of 2024 registered with Ambad Police Station, Nashik, for
the offences punishable under Sections 307, 120-B, 143, 144, 147, 148 and
149 of the Indian Penal Code, 1860, Sections 3(25), 5(1)/27 and 4(25) of
the Arms Act, Sections 135 and 142 of the Maharashtra Police Act, and
Sections 3(1)(ii), 3(2) and 3(4) of the Maharashtra Control of Organised
Crime Act, 1999.
2. It is prosecution’s case that on 7th April 2024, the applicant and
co-accused assaulted the first informant with sickle and fired at him with
Digitally
signed by
SHUBHADA
SHUBHADA SHANKAR
SHANKAR KADAM
KADAM
an intention to kill him on the ground of old dispute.
Date:
2026.03.06
18:30:47
+0530
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Shubhada S Kadam
3. It is contention of learned counsel for the applicant that due to
assault the first informant has not suffered any injury. The applicant has no
antecedents. The applicant is behind bars for more than one year and eight
months. There is no progress in trial, and requested to allow the
application.
4. It is contention of learned APP that the applicant and co-
accused tried to kill first informant by assaulting him with sickle and firing
at him. If the applicant released on bail, he may abscond or threaten first
informant and prosecution witnesses, and requested to reject the
application.
5. I have heard both learned counsel, perused charge-sheet and
documents produced on record. The co-accused-Atharva, against whom
similar allegations are made, has been released on bail, hence, the
applicant is entitled to bail on principle of parity. Considering these facts, I
pass following order :
ORDER
(i) The applicant be enlarged on bail in Crime No.233 of 2024
registered with Ambad Police Station, Nashik, on executing
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Shubhada S Kadam
P.R.Bond in the sum of Rs.30,000/- with one or two sureties in
the like amount.
(ii) The applicant shall attend the concerned police station as and
when required.
(iii) The applicant shall not tamper with the evidence or attempt to
influence or contact the complainant, witnesses or any person
concerned with the case.
The application is allowed in the aforesaid terms and is
accordingly disposed of.
6. It is made clear that the above observations are made only for
the purpose of granting bail and the Trial Court shall decide the case on its
own merits in accordance with law and uninfluenced by the observations
made in this order.
7. All concerned to act on the authenticated copy of this order.
(SHIVKUMAR DIGE, J.)
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