Bombay High Court

PRAMOD RAMCHANDRA POWARversusSTATE OF MAHARASHTRA AND ANR.

Disposal: Allowed

Holding

The Court granted regular bail to the applicant on the ground of parity, finding no distinguishing circumstances.

Summary

The applicant, Pramod Ramchandra Powar, filed a bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail for offences under Sections 178, 179, 180 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 in Crime No. 164 of 2025. The trial court had earlier rejected his bail plea, but another co‑accused, Avaduth Prakash Pawar, had been released on regular bail by the same High Court in a separate application (Criminal Bail Application No. 333 of 2026) on identical facts. The applicant argued for bail on the ground of parity, contending that there were no distinguishing circumstances between his case and that of the co‑accused. The State did not dispute the similarity of the allegations and did not produce any material to show a difference. The Court found the applicant’s request justified, noted the lack of any distinguishing factor, and granted regular bail with standard conditions, disposing of the application.

Issues considered

Whether the applicant is entitled to regular bail on the ground of parity with a co‑accused who was granted bail on identical facts.
Whether any material exists to distinguish the applicant’s case from that of the co‑accused and justify a denial of bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
Bharatiya Nyaya Sanhita, 2023 — s. 178, 179, 180, 3(5)

Subjects

regular bail
parity
criminal procedure
Bharatiya Nagarik Suraksha Sanhita
Bharatiya Nyaya Sanhita
Section 483
Kolhapur
bail conditions

Judgment

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR

CRIMINAL APPELLATE JURISDICTION

CRIMINAL BAIL APPLN. NO. 536 OF 2026

Pramod Ramchandra Powar …...Applicant
VERSUS.
State Of Maharashtra And Anr. …...Respondents

-----
Mr. Parvej N. Nadaf i/b Mr. Santosh Mane, for Applicant.
Mr. S. H. Yadav, APP, for Respondent Nos.1 and 2 - State.
PSI, Mr. Mahavir Kute, Shahapur Police Station, Kolhapur, present.
-------

Digitally
signed by
SHANTANU
SHANTANU SHANKARSA
SHANKARSA DHUDUM
DHUDUM Date:
CORAM : ASHWIN D. BHOBE, J.
2026.09.09
10:58:31
+0530
DATE : 8th SEPTEMBER, 2026.
P.C.

1. Heard Mr. Parvej N. Nadaf, learned Advocate for the Applicant

and Mr. S. H. Yadav, learned A.P.P. for Respondent Nos.1 and 2 – State.

2. By the present Application filed under Section 483 of the

Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”), the

Applicant seeks Regular Bail in connection with Crime No. 164 of 2025,

dated 03.05.2025, registered at Shahapur Police Station, District Kolhapur,

for offences under Sections 178, 179, 180 and 3(5) of the Bharatiya Nyaya

Sanhita, 2023 (for short, “BNS”).

3. Mr. Parvej N. Nadaf, learned Advocate for the Applicant, submits

that there are four (4) accused in Crime No.164 of 2025, and that the

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Applicant is accused No.1. He further states that Crime No.164 of 2025 is

registered as Special Case No.42 of 2025 and is pending before the Court

of the Additional Sessions Judge, Ichalkaranji (“Trial Court”).

4. Mr. Parvej N. Nadaf, learned Advocate for the Applicant, submits

that the Applicant was arrested on 4th May, 2025. The Bail Application at

Exhibit – 6 in Special Case No.42 of 2025 was rejected by the Trial Court

on 3rd November, 2025.

5. Mr. Parvej N. Nadaf, learned Advocate for the Applicant, submits

that the Applicant seeks bail on the ground of parity. He submits that

accused No.2 (Avaduth Prakash Pawar), against whom the allegations in

Crime No.164 of 2025 are similar and infact identical, to those against the

Applicant, has been released on Regular Bail by this Court vide order dated

5th May, 2026, in Criminal Bail Application No.333 of 2026. He states that

the said order is at Exhibit-D (pages 112 to 115 of the paper-book). He,

therefore, requests bail on the ground of parity.

6. Mr. S. H. Yadav, learned A.P.P. for Respondent Nos. 1 and 2 –

State, in all fairness, submits that the allegations against the Applicant

(accused No. 1) are similar to those against accused No. 2 (Avaduth

Prakash Pawar), who has been granted bail by this Court vide order dated

5th May, 2026 in Criminal Bail Application No. 333 of 2026. He, submits

that the Applicant's request can be considered on the ground of parity.

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7. Perused the record and the order dated 5 th May, 2026, passed in

Criminal Bail Application No. 333 of 2026.

8. The role and involvement of the Applicant in Crime No. 164 of

2025 is similar to that of accused No. 2 (Avaduth Prakash Pawar), as

submitted by Mr. Parvej N. Nadaf, learned Advocate for the Applicant and

are not disputed by Mr. S. H. Yadav, learned A.P.P. for Respondent Nos. 1

and 2 – State.

9. Accused No. 2 has been released on regular bail on the same set

of facts. There is no material placed on record to demonstrate any

distinguishing circumstances that would warrant a different view in

the case of the Applicant.

10. Mr. Parvej N. Nadaf, learned Advocate for the Applicant, is

therefore justified in seeking bail for the Applicant on the ground of parity.

11. In view of the above, this Application is allowed on the following

terms and conditions:

ORDER

(A) The Applicant–Pramod Ramchandra Powar, shall be
released on bail in Crime No.164 of 2025, dated
03/05/2025, registered with Shahapur Police Station,
District Kolhapur, on furnishing a P.R. Bond in the sum of
Rs.50,000/- (Rupees Fifty Thousand Only), with one or
two sureties in the like amount, to the satisfaction of the

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Additional Sessions Judge, Ichalkaranji in Special Case
No.42 of 2025.

(B) The Applicant shall not, directly or indirectly, make any
inducement, threat or promise to any person acquainted
with the facts of the case to dissuade that person from
disclosing those facts to the Court or to any police officer.
The Applicant shall not tamper with the evidence in any
manner.

(C) The Applicant, upon his release, shall, within three (3) days
of his release, furnish his cell phone number and
residential address, along with proof, to the Investigating
Officer, Shahapur Police Station, District: Kolhapur, and
shall keep the same updated in case of any change thereto.

(D) The Applicant shall cooperate in the conduct of the trial
and shall regularly appear before the Trial Court in
Sessions Case No. 42 of 2025, unless specifically exempted
by the Trial Court. If the Applicant fails to appear before
the Trial Court on the date fixed, the same would be
considered a breach of condition and the Trial Court,
would be at liberty to pass appropriate orders.

12. Criminal Bail Application No.536 of 2026 is disposed of.

( ASHWIN D. BHOBE, J.)

Shantanu S. Dhudum

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