Bombay High Court

SAGAR LAXMAN KHARATversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: Allowed

Holding

Bail was granted to the applicant on the ground of parity with the co‑accused, as there were no material differences justifying denial.

Summary

The applicant, Sagar Laxman Kharat, was arrested in connection with a theft and robbery case (C.R. No. 582 of 2025) in which gold was allegedly stolen. He sought bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, claiming parity with co‑accused No. 3, who had been released on bail after recovering the stolen gold. The State argued that the allegations against all accused were identical and highlighted the applicant's alleged threat to the informant and prior antecedents. The Court observed that the applicant's involvement was similar to that of the co‑accused and that no distinguishing material was presented to justify a different treatment. Consequently, the Court held that bail should be granted on the ground of parity, subject to standard conditions. The bail application was therefore allowed and the applicant was released on bond with specified reporting and conduct conditions.

Issues considered

Whether bail should be granted to the applicant on the ground of parity with a co‑accused who was released on bail.
Whether the applicant's alleged threat to the informant and prior antecedents constitute a ground to deny bail.
Whether the recovery of the stolen gold by other accused distinguishes the applicant's liability.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
Bharatiya Nyaya Sanhita, 2023 — s. 309(6), 3(5)
Indian Penal Code, 1860 — s. 118, 269
Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989

Subjects

bail
parity
criminal procedure
theft
robbery
scheduled caste atrocities
threat to informant
Indian Penal Code
Bharatiya Nyaya Sanhita
Bharatiya Nagarik Suraksha Sanhita

Judgment

3-BA-841-2026 (f).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 841 OF 2026
Sagar Laxman Kharat ...Applicant
Versus.
The State of Maharashtra and Others ...Respondents
-----
Mr. R. V. Bansode (through VC) a/w Sheetal Ubale, Mohan Chavan,
Sumit Dhanawade, Indrajeet Babar, Advocate for the Applicant.
Mr. C. D. Mali, APP for the Respondent Nos. 1 and 3.
-------
CORAM : ASHWIN D. BHOBE, J.
DATE : 8th September, 2026.
P.C. :

1. Heard, Mr. R. V. Bansode, learned Advocate for the Applicant and

Mr. C. D. Mali, learned APP for the Respondent Nos. 1 and 3.

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

Bharatiya Nagarik Suraksha Sanhita, 2023, the Applicant seeks bail in

connection with C.R. No. 582 of 2025, registered at Malshiras Police

Station, Solapur, for offences under Sections 309(6) and 3(5) of the

Bharatiya Nyaya Sanhita, 2023.

3. Mr. R. V. Bansode, learned advocate for the Applicant, states that

there are three (3) Accused in Crime No. 582 of 2025. The Applicant is

Accused No. 1. He further states that Crime No. 582 of 2025 is

registered as Sessions Case No. 5 of 2026 and is pending before the
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3-BA-841-2026 (f).doc

Additional Sessions Judge, Malshiras (Trial Court).

4. The prosecution alleges that the Accused in C.R. No. 582 of 2025

committed theft and robbery on 05.11.2025 and that in the said

robbery, the Accused took the Informant's gold.

5. The Applicant was arrested on 07.11.2025. The Bail Application

filed by the Applicant at Exhibit-4 in Sessions Case No. 5 of 2026 was

rejected by the Trial Court on 27.03.2026.

6. Mr. R. V. Bansode, learned Advocate for the Applicant, submits

that the allegations in the crime, of gold being stolen are against all the

Accused. He submits that the stolen gold was recovered at the instance

of Accused No. 3 and Accused No. 2. He further submits that no gold

was recovered at the instance of the Applicant. He further submits that

Accused No. 3 was released on bail by this Court in Criminal Bail

Application No. 428 of 2026 on 28.07.2026. He tenders a photostat

copy of the order dated 28.07.2026 passed in Criminal Bail Application

No. 428 of 2026. The same is taken on record and marked “X” for

identification. He submits that the allegations against the Applicant

relate to participation in the crime, whereas the allegations against

Accused No. 3 relate to participation and the recovery of gold. He

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3-BA-841-2026 (f).doc

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

7. Mr. C. D. Mali, learned APP for the Respondent - State, submits

that the allegations against all the Accused in C.R. No. 582 of 2025 are

similar and identical. He further submits that the gold has been

recovered at the instance of Vikas Nagnath Shinde (Accused No. 3) and

Gautam Kale (Accused No. 2). He submits that the Applicant has

threatened the Informant. He submits that the police recovered the

sickles from the Applicant. He submits that the Applicant has two

antecedents.

8. Mr. R. V. Bansode, learned advocate for the Applicant, by

referring to the Affidavit of Disclosure, submits that of the two offences,

one pertains to Sections 269 and 118 of the Indian Penal Code, 1860, in

which the Accused has been discharged, whereas the second offence

(FIR No. 80/2025) pertains to offences under the Scheduled Caste and

Scheduled Tribes (Prevention of Atrocities) Act, 1989, in which the

Applicant is on bail. He further submits that the sickles recovered from

the Applicant were not used in committing the offence.

9. Perused the record and order dated 28.07.2026, passed in

Criminal Bail Application No. 428 of 2026.

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3-BA-841-2026 (f).doc

10. The involvement of the Applicant in C.R. No. 582 of 2025 is

similar to that of Vikas Nagnath Shinde (Accused No. 3), as submitted

by Mr. R. V. Bansode, which statement of fact is not contested by Mr. C.

D. Mali, learned APP for the Respondent – State. The difference sought

to be made out between Accused No. 3 and the Applicant is that the

Applicant has threatened the Informant.

11. Accused No. 3, on the same set of allegations as against the

Applicant , with the addition of the recovery being made at his instance,

has been released on bail. There is no material placed on record to

demonstrate any distinguishing circumstances that would warrant a

different view in the case of the Applicant.

12. In such a situation, Mr. R. V. Bansode, learned Advocate for the

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

13. In view of the above, the submissions made by the learned

Advocates, the continuation of the Applicant in jail pending the trial in

Sessions Case No. 05 of 2026 is not warranted.

14. This Application is allowed on the following terms :-

(a) Applicant is directed to be released on Bail in

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3-BA-841-2026 (f).doc

connection with C.R. No. 482 of 2025, registered with

Malshiras Police Station, upon 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 Trial Court, in Sessions Case No. 5 of 2026.

(b) 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.

from jail, provide to the Investigating Officer, Malshiras

Police Station, Solapur, his residential address with proof,

the contact numbers and must inform the Investigating

Officer about the change in the same from time to time.

(d) Applicant shall report to the Investigating Officer,

Malshiras Police Station, Solapur, on the 2nd and 4th

Monday of each month, commencing from 21.09.2026,

until further orders from the Trial Court in Sessions Case

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3-BA-841-2026 (f).doc

No. 5 of 2026.

(e) The Applicant shall regularly appear before the Trial

Court, Malshiras, in Sessions Case No. 05 of 2026, as and

when the matter is fixed, unless specifically exempted. If

the Applicant fails to appear before the Trial Court, on the

date fixed, it shall be deemed a breach of condition, and

the Trial Court, shall be at liberty to pass appropriate

orders.

(f) Applicant shall not enter the territorial jurisdiction of

the Malshiras Police Station, Solapur, till the conclusion of

trial in Sessions Case No. 05 of 2026 except for marking his

appearance before the Investigating Officer, Malshiras

Police Station, Solapur as and when required and before

the Trial Court, Malshiras, in Sessions Case No. 05 of 2026

as and when the matter is fixed.

15. Criminal Bail Application No. 841 of 2026 is allowed and

disposed of.

(ASHWIN D. BHOBE, J.)

Digitally
signed by
ARJUN
ARJUN KRISHNA Arjun 6
KRISHNA RODGE
RODGE Date:
2026.09.09
19:49:27
+0530

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