Bombay High Court

KIRAN ABA MADANEversusTHE STATE OF MAHARASHTRA AND ANR.

Disposal: Allowed

Holding

Bail is granted to the applicant on the ground of parity, subject to specified conditions.

Summary

The High Court considered a bail application filed under Section 483 of the BNSS, 2023 by Kiran Aba Madane, accused No.5 in a case involving IPC Section 395 and MCOCA offences. The applicant sought bail on the ground of parity, arguing that co‑accused Nos.2 and 3 had been released on bail in similar circumstances. The State did not dispute the similarity of allegations but offered no material to distinguish the applicant. Noting that the applicant had been in custody for over five years, the Court held that continued detention was unnecessary and granted bail with a set of stringent conditions, including a monetary bond, reporting requirements, and a restriction on entering Satara district except for court or police appearances. The bail application was therefore allowed and disposed.

Issues considered

Whether bail should be granted to the applicant on the ground of parity with co‑accused who were previously released.
Whether the applicant's prolonged pre‑trial detention justifies denial of bail.
Whether imposing a restriction on the applicant's entry into Satara district is a valid condition of bail.

Legislation cited

BNSS, 2023 — s. 483
Indian Penal Code, 1860 — s. 395
Maharashtra Control of Organised Crime Act, 1999 — s. 3(1)(ii), 3(2), 3(4)

Subjects

bail
parity
pre‑trial detention
MCOCA
dacoity
special court
conditions of bail
criminal procedure

Judgment

100 - BA - 817 - 2026.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
Digitally
signed by
VAIBHAV
VAIBHAV RAMESH
CRIMINAL APPELLATE JURISDICTION
RAMESH JADHAV
JADHAV Date:
2026.10.06
14:43:32
+0530

CRIMINAL BAIL APPLICATION NO. 817 OF 2026

Kiran Aba Madane … Applicant
Versus
The State of Maharashtra & Anr. … Respondents

-------
Mr. Amit Icham (through V.C.) for the Applicant.
Dr. A. A. Takalkar, APP for the State.
S. S. Bhagat, ASI, Shirval Police Station, Satara is present.

-------
CORAM : ASHWIN D. BHOBE, J.

DATED : OCTOBER 5, 2026
P.C.:

1. Heard Mr. Amit Icham, learned Advocate for the Applicant and

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

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

2023, the Applicant seeks regular bail in connection with Crime No. 41

of 2021, dated 1st March 2021, registered with the Shirval Police

Station, District Satara, for offences punishable under Sections 395 of

the Indian Penal Code and Sections 3(1)(ii), 3(2) and 3(4) of the

Maharashtra Control of Organised Crime Act, 1999.

3. Mr. Amit Icham, learned Advocate for the Applicant, states that

there are five (5) accused in Crime No. 41 of 2021. He states that the

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100 - BA - 817 - 2026.doc

Applicant is Accused No. 5. He states that Crime No. 41 of 2021 is

registered as Special Case No. 43 of 2023 and is pending before the

Special Court, Wai (“Trial Court”).

4. Mr. Amit Icham, learned Advocate for the Applicant, states that

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

the allegations in Crime No. 41 of 2021 against the Applicant are

similar to those made against Sunny alias Sonya Dhanaji Bhandalkar

(Accused No. 2) and Prathamesh alias Sonu Hanmant Madane (Accused

No. 3). He submits that Accused Nos. 2 and 3 are released on bail by

this Court 20th April 2026 in Criminal Bail Application Nos. 3600 of

2025 and 3559 of 2025 (Coram: Sachin S. Deshmukh, J.). He tenders a

copy of the Order dated 20 th April 2026. He therefore submits that the

Applicant is entitled to bail on the ground of parity.

5. Dr. A. A. Takalkar, learned APP for the State, on instructions,

submits that the allegations against the Applicant in Crime No. 41 of

2021 are similar to those made against Accused Nos. 2 and 3.

6. Perused the records and the order dated 20 th April 2026 passed

in Criminal Bail Application Nos. 3559 of 2025 and 3600 of 2025.

7. As submitted by Mr. Amit Icham, learned Advocate for the

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

allegations against the Applicant are similar to those against Accused

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Nos. 2 and 3 in Crime No. 41 of 2021. Accused Nos. 2 and 3, on the

said set of facts, have been released on bail by this Court on 20 th April

2026 (order at Exhibit C, page Nos. 232 to 237). No material has been

placed on record to demonstrate any distinguishing circumstances

that would warrant a different view in the case of the Applicant.

8. The Applicant was arrested on 25 th April 2021. The Bail

Application at Exhibit 186, filed by the Applicant in Special Case No. 43

of 2023, was rejected on 29th July 2026.

9. Considering the aforesaid circumstances, the Accused Nos. 2 and

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

bail. The Applicant has been in jail for almost 5 years and 5 months.

Continuing the Applicant's detention pending trial in Special Case No.

43 of 2023 is not necessary.

10. At this stage, Dr A. A. Takalkar, learned APP, states that in

addition to other conditions, a stringent condition that the Applicant

not enter the jurisdiction of Satara District pending the conclusion of

the trial in Special Case No. 43 of 2023 be imposed on the Applicant.

11. Mr. Amit Icham, learned Advocate for the Applicant, on

instructions from the Applicant, states that the Applicant shall not enter

the jurisdiction of Satara District until the conclusion of the trial in

Special Case No. 43 of 2023. Statement accepted.

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12. In view of the above, this Bail Application is allowed on the

following terms:

a) The Applicant shall be released on bail in Crime No. 41 of

2021 dated 1st March 2021 registered at Shirval Police Station,

District Satara, 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 Special Court, Wai, in Special

Case No. 43 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 those

facts to the Court or any police officer. Applicant shall not tamper

with evidence in any manner.

c) The Applicant shall within three (3) days of his release

provide the Investigating Officer at Shirval Police Station, District

Satara, with his residential address and proof thereof, his contact

number and must inform the Investigating Officer, of any changes

to this information from time to time.

d) The Applicant shall appear before the Investigating Officer,

Shirval Police Station, investigating Crime No. 41 of 2021, on the

second Monday of each month from 10.00 a.m to 11.00 a.m., till

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the conclusion of trial in Special Case No. 43 of 2023.

The Applicant shall regularly appear before the Special Court,

Wai, in Special Case No. 43 of 2023, whenever the matter is

fixed, unless specifically exempted. If the Applicant fails to appear

before the Trial Court on the date fixed, it would be treated as a

breach of condition and the Trial Court would be at liberty to pass

appropriate orders.

e) Pending the trial of Special Case No. 43 of 2023, the

Applicant shall not enter the territorial jurisdiction of District

Satara except to appear before the Trial Court and attend before

the investigating Officer.

13. Bail Application No.817 of 2026 is allowed and disposed of.

(ASHWIN D. BHOBE, J.)

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