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Bombay High Court

PRIYAL @ BUNTY GAGARAM KHARMALEversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

Bail was granted to the applicant on the condition of a cash bond and sureties.

Summary

The applicant, Priyal @ Bunty Gagaram Kharmale, was charged with murder and criminal conspiracy under Sections 302 and 120‑B read with 34 of the IPC. He had been in custody for over two years and eight months without charge framing, while co‑accused had been released on bail. The prosecution argued that CCTV footage linked the applicant to the crime and that he posed a risk of absconding or tampering with witnesses. The defense contended that the applicant had no prior record and that parity demanded bail since similarly situated co‑accused were already out on bail. The court, after reviewing the charge sheet and noting the parity principle, granted bail on a cash bond of Rs. 30,000 with two sureties and imposed standard conditions to prevent interference with the investigation. The order emphasized that the trial court would continue to decide the case on its merits.

Issues considered

  • Whether bail should be granted to an accused of murder and conspiracy despite evidential material linking him to the crime
  • Whether the principle of parity with co‑accused released on bail warrants granting bail to the applicant
  • Whether the risk of absconding or tampering with evidence justifies denial of bail

Legislation cited

Subjects

  • bail
  • murder
  • criminal conspiracy
  • IPC 302
  • IPC 120-B
  • parity principle
  • criminal procedure
  • evidence tampering

Judgment

                                                                                   73-BA-4664-2025 (CR).doc


                             S.S.Kilaje


                                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                 CRIMINAL APPELLATE JURISDICTION
                                            CRIMINAL BAIL APPLICATION NO. 4664 OF 2025

                             Priyal @ Bunty Gagaram Kharmale                          … Applicant
                              Versus
                             The State of Maharashtra                                 … Respondent
                             _________________________________________________________________
                             Mr. Satyavrat Joshi a/w. Mr. Nitin Rai i/b. Mr. Ishan Paradkar, Advocates
          Digitally signed
          by SONALI
SONALI SATISH
       KILAJE
SATISH Date:
                             for the Applicant.
KILAJE 2026.01.31
       17:04:49
          +0700

                             Smt. Ranjana D. Humane, APP for the Respondent-State.
                             _________________________________________________________________

                                                                   CORAM      :   SHIVKUMAR DIGE, J.
                                                                   DATE       :   28th JANUARY, 2026.
                             P.C. :

                             1.            By this application, the Applicant is seeking regular bail in

                             C.R.No. 208 of 2023 registered with Narayangaon Police Station, Pune, for

                             the offences punishable under Sections 302 and 120-B r/w 34 of Indian

                             Penal Code, 1860 (for short “IPC”).

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

                             murdered the husband of the accused No.3 on the ground that the

                             applicant and accused No.3 had illicit relations and the deceased was

                             becoming hurdle in their relationship.

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

                             applicant is behind bars for more than two years and eight months. Yet,

                             charge has not been framed. The applicant has no antecedents. The co-

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S.S.Kilaje


accused against whom similar allegations are made, have been released on

bail. Hence, the applicant is entitled for bail on principle of parity, and

requested to allow the application.

4.            It is contention of learned APP that the applicant is the main

culprit.     He had illicit relationship with the accused No.3, wife of the

deceased. She had given contact of killing of the deceased to the applicant.

Accordingly, the applicant murdered the deceased with the help of accused

No.2. The applicant and deceased was last seen in the CCTV footage.           It

shows involvement of the applicant in the crime. If the applicant released

on bail, he may abscond or threaten prosecution witnesses and requested

to reject the application.

5.            I have heard both the learned counsel. Perused chargesheet

and documents produced on record. It appears from the record that the

deceased was last seen with the applicant and the accused No.2. The

accused No.2 has been released on bail. The co-accused, having similar

allegations, has been released on bail. Considering this fact, the applicant

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

                                      ORDER

                  i.   The applicant be enlarged on bail in C.R.No. 208 of

                       2023 registered with Narayangaon Police Station,

                       Pune, on executing P.R.Bond of Rs. 30,000/- on


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S.S.Kilaje


                        furnishing 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.

6.           The application is allowed in the aforesaid terms and is

accordingly disposed of. All pending applications, if any, disposed of.

7.           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.

8.           All concerned to act on the authenticated copy of this order.



                                                  (SHIVKUMAR DIGE, J.)




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