Bombay High Court
YOGESH BAJIRAO MADANEversusSTATE OF MAHARASHTRA AND ANR.
- Disposal
- Allowed
Holding
The Court granted regular bail to the applicant on the ground of parity, subject to specified conditions.
Summary
Yogesh Bajirao Madane, accused in Crime No. 41 of 2021 for offences under IPC Section 395 and MCOC Act Sections 3(1)(ii), 3(2) and 3(4), had been in custody for over five years. Two co‑accused in the same case had earlier been released on bail by this Court. The applicant sought regular bail on the ground of parity, arguing that his involvement was identical to that of the co‑accused and that no distinguishing facts were on record. The State opposed, seeking stringent conditions. The Court found the applicant’s situation analogous to the co‑accused, noted the prolonged detention, and granted bail with a cash bond and several reporting and non‑interference conditions. The bail application was therefore allowed.
Issues considered
- Whether bail should be granted to the applicant on the ground of parity with co‑accused who were released on bail
- Whether the applicant’s prolonged pre‑trial detention warrants bail
- What conditions, if any, should be imposed on the grant of bail
Legislation cited
- Indian Penal Code, 1860 — s. 395
- Maharashtra Control of Organized Crimes Act, 1999 — s. 3(1)(ii), 3(2), 3(4)
Subjects
- bail
- parity
- pre‑trial detention
- IPC
- MCOC Act
- regular bail
- court conditions
Judgment
63-BA-782-2026 (CR).docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLN. NO. 782 OF 2026
Yogesh Bajirao Madane …...Applicant
Versus.
State of Maharashtra & Anr. …...Respondents
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Mr. Ramanik P. Pawar a/w. Mr. Abhishek Shah, Mr. Ruturaj Patil, Mr.
Vinod Shejwal, Mr. Amit Waykool & Mr. Nadeem Saudagar i/b. Mr. S.V.
Mahamulkar for Applicant.
Dr. A.A. Takalkar, A.P.P. for the Respondents-State.
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Coram : ASHWIN D. BHOBE, J.
Date : 28th September 2026.
PER COURT :
1. Heard, Mr. Ramanik Pawar, learned Advocate for the Applicant and Dr.
Takalkar, learned A.P.P. for the Respondents-State.
2. By the present Application, the Applicant is seeking Regular Bail in
connection with Crime No. 41 of 2021, dated 1 st March 2021, registered with
Shirval Police Station, District Satara, for the offences punishable under
Sections 395 the Indian Penal Code (IPC) and Sections 3(1)(ii), 3(2) & 3(4)
of the Maharashtra Control of Organized Crimes Act, 1999 (MCOC Act).
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3. Mr. Ramanik Pawar, learned Advocate for the Applicant, states that
there are five (5) accused in Crime No. 41 of 2021, with the Applicant as
Accused No. 1. He further states that Crime No. 41 of 2021 is registered as
Special Case No. 43 of 2023 and is pending before the Special Court at Wai
(“Trial Court”).
4. Mr. Ramanik Pawar, learned Advocate for the Applicant, states that the
Applicant is seeking bail in Crime No. 41 of 2021 on the ground of parity. He
states that Sunny @ Sonya Dhanaji Bhandalkar (accused No. 2) and
Prathamesh @ Sonu Hanuman Madane (accused No. 3), against whom the
allegations and involvement in Crime No. 41 of 2021 are similar and
identical to those of the Applicant (accused No.1), have been released on bail
by this Court by a common order dated 20 th April 2026 passed in Criminal
Bail Application Nos. 3600 of 2025 and 3559 of 2025 (Exhibit C, page Nos.
242 to 247 of the paper book). He therefore submits that the Applicant is
entitled to bail on the ground of parity.
5. Dr. Takalkar, learned A.P.P. for the Respondents-State, states that the
Applicant's involvement in Crime No. 41 of 2021 is similar to that of Sunny
@ Sonya Dhanaji Bhandalkar (accused No. 2) and Prathamesh @ Sonu
Hanuman Madane (accused No. 3), who have been released on bail by this
Court by a common order dated 20 th April 2026 passed in Criminal Bail
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Application Nos. 3600 of 2025 and 3559 of 2025.
6. Perused the record and the common order dated 20 th April 2026 passed
by this Court in Criminal Bail Application Nos. 3600 of 2025 and 3559 of
2025.
7. The submission of Mr. Ramanik Pawar, learned Advocate for the
Applicant, that the involvement of the Applicant (accused No. 1) and accused
Nos. 2 and 3, being similar in Crime No. 41 of 2021, is not contested by Dr.
A. A. Takalkar, learned A.P.P. for the Respondents-State.
8. The Applicant was arrested on 2nd April 2021.
9. Considering that the Applicant has been in jail for a continuous period
of five years, five months and 26 days, that accused Nos. 2 and 3, against
whom the allegations in Crime No. 41 of 2021 are similar, have been released
on bail and that no material has been placed on record to demonstrate
any distinguishing circumstances that would warrant a different view in
the case of the Applicant, Mr. Ramanik Pawar, learned Advocate for the
Applicant, would be justified in seeking bail on the ground of parity.
10. Dr. Takalkar, learned A.P.P. for the Respondents-State, submits that
stringent conditions be imposed on the Applicant, including a condition that
the Applicant shall regularly appear before the Trial Court in Special Case No.
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43 of 2023.
11. In view of the above, the Application is allowed on the following terms
and conditions:
(i) The Applicant in Crime No. 41 of 2021, dated 1st March 2021,
registered with Shirval Police Station, District Satara, shall be
released on bail upon furnishing a P.R. 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.
(ii) The Applicant shall not directly or indirectly make any
inducement, threat or promise to any person/s acquainted
with the facts of the case to dissuade such person/s from
disclosing the facts to the Court or any police officer.
(iii) The Applicant shall report to the Investigating Officer at
Shirval Police Station, District Satara, on the second Monday
of every month, from 10:00 a.m. to 12:00 p.m., till conclusion
of the trial in Special Case No. 43 of 2023.
(iv) The Applicant shall, within three (3) days of his release,
provide the Investigating Officer with his residential address
along with proof, his contact numbers and must inform the
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Investigating Officer of any changes to this information from
time to time.
(v) The Applicant shall regularly appear before the Trial Court in
Special Case No. 43 of 2023, unless specifically exempted by
the Trial Court. If the Applicant fails to remain present before
the Trial Court without obtaining exemption, the same shall be
treated as a breach of this condition and the Trial Court shall
be at liberty to pass appropriate orders.
12. The Criminal Anticipatory Bail Application No. 782 of 2026 is disposed.
[ ASHWIN D. BHOBE, J. ]
Digitally signed
by OMKAR
SHIVAHAR
OMKAR KUMBHAKARN
SHIVAHAR
KUMBHAKARN Date:
2026.09.29
19:34:48
+0530
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