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Bombay High Court

BANDU BHIVA KALEversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The applicant is entitled to bail on the principle of parity, subject to a bond and conditions.

Summary

Bandu Bhiva Kale applied for regular bail in a murder case (Crime No.646 of 2024) involving offences under the Bharatiya Nyaya Sanhita, 2023 and the Indian Arms Act. The prosecution alleged that Kale and co‑accused murdered the deceased over an old dispute. Kale’s counsel argued that other co‑accused had already been released on bail, invoking the principle of parity. The State contended that parity should not apply because Kale actively participated in the murder and could abscond or influence witnesses. After hearing both sides and reviewing the charge sheet, the Court held that parity applied and granted bail on a bond of Rs.30,000 with sureties, imposing conditions not to tamper with evidence or contact witnesses. The order clarified that the trial court will decide the case on its merits.

Issues considered

  • Whether the applicant is entitled to bail despite alleged participation in murder.
  • Whether the principle of parity applies when co‑accused in the same case have been released on bail.
  • Whether the risk of absconding or influencing witnesses justifies denial of bail.

Legislation cited

Subjects

  • bail
  • parity
  • murder
  • criminal procedure
  • Indian Arms Act
  • Bharatiya Nyaya Sanhita
  • witness tampering
  • surety bond

Judgment

                                                                              45-BA-431-2026.doc


                      Shubhada S Kadam


                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CRIMINAL APPELLATE JURISDICTION
                                        BAIL APPLICATION NO. 431 OF 2026
                      Bandu Bhiva Kale                                     ...Applicant
                      Versus
                      The State of Maharashtra                             ...Respondent
                      _________________________________________________________________
                      Mr. Vivek Arote along with Mr. Akshay Dingale, Advocate for the
                      Applicant.
                      Ms. Mahalaxmi Ganapathy, 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.646 of 2024 registered with Baramati Police Station, District

                      Pune, for the offences punishable        under Sections 103(1), 61(2),

                      189(2),189(4), 191(2), 191(3) and 190 of the Bharatiya Nyaya Sanhita,

                      2023 and Section 4(25) of Indian Arms Act.

                      2.         It is prosecution’s case that the applicant and co-accused

                      murdered the deceased on the ground of old dispute.

                      3.         It is contention of learned counsel for the applicant that

                      co-accused Jayesh Mane, Somnath Yadav and Bhoya @ Kishore Bhise,

                      against whom similar allegations have been leveled, are released on bail,
         Digitally
         signed by
         SHUBHADA     hence, the applicant is entitled to bail on the principle of parity and
SHUBHADA SHANKAR
SHANKAR KADAM
KADAM    Date:
         2026.03.06
         18:30:48
                      requested to allow the application.
         +0530


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                                                            45-BA-431-2026.doc


Shubhada S Kadam


4.         It is contention of learned APP that parity will not be applicable

as the applicant actively participated in committing murder of the

deceased. If the applicant is released on bail, he may abscond or threaten

the 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, against whom similar

allegations have been made, are released on bail. Hence, the applicant is

entitled to bail on the principle of parity and I pass the following order:

                                   ORDER

        (i) The applicant be enlarged on bail in Crime No.646 of 2024

            registered with Baramati Police Station, District Pune, on

            executing 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.




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                                                           45-BA-431-2026.doc


Shubhada S Kadam




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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