Bombay High Court

YASH PRASHANT SOUNDADEversusTHE STATE OF MAHARASHTRA AND ANR

Disposal: Allowed

Holding

The High Court granted bail to the applicant, finding parity with the co‑accused sufficient to justify release.

Summary

The applicant, Yash Prashant Soundade, was charged in Crime No. 114 of 2023 for murder, conspiracy, and offences under the Indian Arms Act and Maharashtra Police Act. He sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, arguing that his role was identical to that of co‑accused Pratik Vagare, who had been released on bail by the Supreme Court in SLP (Crl.) No. 5586 of 2026. The State contended a material difference: the sword used in the offence was recovered at the applicant’s instance. The High Court examined the parity argument, noted that the factual involvement was the same, and held that the difference did not preclude bail. Consequently, the court granted bail on conditions of a surety bond, reporting requirements, and non‑interference with evidence, and disposed of the bail application.

Issues considered

Whether the applicant is entitled to bail on the ground of parity with a co‑accused who was released on bail by the Supreme Court despite the sword being recovered at the applicant’s instance.

Legislation cited

Arms Act — s. 25, 4
Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
Indian Penal Code, 1860 — s. 109, 120(B), 302, 34
Maharashtra Police Act, 1951 — s. 135, 37(1)(3)

Subjects

bail
parity
criminal procedure
murder
conspiracy
arms offence
Maharashtra Police Act
Supreme Court precedent
Section 483 BNSS

Judgment

                                                                             912 - BA - 676 - 2026.doc


                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CIRCUIT BENCH AT KOLHAPUR
VAIBHAV
                                       CRIMINAL APPELLATE JURISDICTION
RAMESH
JADHAV
Digitally signed by
VAIBHAV RAMESH
JADHAV
Date: 2026.09.23
17:25:59 +0530                     CRIMINAL BAIL APPLICATION NO. 676 OF 2026

                      Yash Prashant Soundade                          … Applicant
                                   Versus.
                      The State of Maharashtra & Anr.                 … Respondents

                                                      -------
                      Ms. Tanvi Tapkire with Ms. Purva Patil for the Applicant.
                      Dr. A. A. Takalkar, APP for the State.
                      Koli, Police Constable, MIDC Kupwad Police Station, Sangli
                      is present.

                                                      -------

                                                     CORAM      : ASHWIN D. BHOBE, J.

                                                     DATED      : SEPTEMBER 23, 2026
                      P.C.:


                      1.      Heard, Ms. Tanvi Tapkire, learned Advocate for the Applicant,

                      and Dr. A. A. Takalkar, learned APP for the State.


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

                      Nagarik Suraksha Sanhita, 2023 the Applicant seeks regular bail in

                      connection with Crime No. 114 of 2023 registered with the MIDC

                      Kupwad Police Station, Sangli, for offences punishable under Sections

                      302, 120(B) and 109 read with Section 34 of the Indian Penal Code,

                      Sections 4 and 25 of the Indian Arms Act and Section 37(1)(3)/135 of

                      the Maharashtra Police Act, 1951.




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3.    Ms. Tanvi Tapkire, learned Advocate for the Applicant, submits

that there are four (4) accused in Crime No. 114 of 2023, with the

Applicant as Accused No. 1. She further submits that the said crime is

registered as Sessions Case No. 243 of 2023 and is pending trial before

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


4.    Ms. Tanvi Tapkire, learned Advocate for the Applicant, submits

that the Applicant's involvement in Crime No. 114 of 2023 is similar to

that of Pratik Vagare (Accused No. 2). She submits that Accused No. 2 is

alleged to have assaulted the victim with a sword and the Applicant is

similarly alleged to have assaulted the victim with a sword. She refers

to the order dated 22nd May 2026 passed by the Hon'ble Supreme Court

in Special Leave to Appeal (Crl.) No. 5586 of 2026, by which the

Accused No. 2 (Pratik Vagare), is released on bail. She relies on

paragraph No. 2 of the said order, which reads thus:

      “2)    In furtherance to the directions issued by this Court vide order dated
      14.05.2026, the eye-witnesses have been examined now. However, as
      submitted, out of the total of 41 witnesses, the prosecution wishes to examine
      28 witnesses, out of them 03 have been examined including the two eye-
      witnesses. The period of custody of the petitioner by this time is more than 2
      years and 10 months. Looking to the number of witnesses, the trial may take
      some time to conclude. However, considering all the attending circumstances,
      without expressing any opinion on the merits of the case, we deem it
      appropriate to release the petitioner on bail.”



5.    Ms. Tanvi Tapkire, learned Advocate for the Applicant, submits

that as Accused No. 2 was released on identical facts, the Applicant




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would be entitled to bail on the ground of parity.


6.      Dr. A. A. Takalkar, learned APP for the State, submits that

although the involvement of the Applicant (Accused No. 1) and Accused

No. 2 in Crime No. 114 of 2023 is similar, there is one difference,

namely, the sword was recovered at the instance of the Applicant.


7.      Perused the record and the order dated 22 nd May 2026 passed by

the Hon'ble Supreme Court in Special Leave to Appeal (Crl.) No. 5586

of 2026.


8.      The Applicant was arrested on 10 th June 2023. The Trial Court,

rejected the Applicant's Bail Application No. 30 of 2026 on 30 th June

2026.


9.      As submitted by Ms. Tanvi Tapkire, learned Advocate for the

Applicant and not contested by Dr. A. A. Takalkar, learned APP, the role

assigned to the Applicant in Crime No. 114 of 2023 is like that of

Accused No. 2. Accused No. 2 has been released on bail by the Hon'ble

Supreme Court on 22nd May 2026.


10.     Though Dr. A. A. Takalkar, learned APP, submits that there is a

difference in the Applicant's case, inasmuch as the sword used in the

crime by the Applicant and Accused No. 2 was recovered at the

Applicant's instance, the involvement of the Applicant and Accused No.

2 in Crime No. 114 of 2023 being similar is not in dispute.



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11.   In view of the above, Ms. Tanvi Tapkire, learned Advocate for the

Applicant, would be justified in seeking bail on the ground of parity.


12.   This Application is therefore allowed on the following terms:


(a)   The Applicant in Crime No. 114 of 2023 registered with MIDC

Kupwad Police Station, Sangli, shall be released on bail upon furnishing

a PR bond of Rs. 50,000/- (Rupees Fifty Thousand only) with one or

two sureties in the like amount, to the satisfaction of the Trial Court in

Sessions Case No. 243 of 2023.


(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 the facts to the Court

or any police officer. Applicant shall not tamper with evidence in any

manner.


(c)   The Applicant shall report to the Investigating Officer, MIDC

Kupwad Police Station, District Sangli, on the second Monday of each

month from 10:00 A.M. to 12:00 P.M. till the conclusion of trial in

Sessions Case No. 243 of 2023.


(d)   The Applicant shall regularly appear before the Trial Court in

Sessions Case No. 243 of 2023, whenever the matter is fixed, unless

specifically exempted.




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(e)   If the Applicant absents himself from appearing before the Trial

Court on the date fixed, the same would be considered as a breach of

condition and the Trial Court would be at liberty to pass appropriate

orders.


13.   Bail Application No.676 of 2026 is disposed of.




                                          (ASHWIN D. BHOBE, J.)




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