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Bombay High Court

BHUSHAN @ SWAPNIL SUNIL GOSAVIversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The applicant is entitled to bail on the principle of parity with the co‑accused.

Summary

The applicant, Bhushan @ Swapnil Sunil Gosavi, sought regular bail for offences under IPC Sections 310(2) and 311 arising from a dacoity on 23 November 2024. He had been in custody for more than one year and four months, while a co‑accused facing similar charges had already been released on bail. The prosecution argued that the applicant was caught red‑handed, the weapon was recovered, he had antecedents and might abscond or tamper with witnesses. The Court considered the principle of parity with the co‑accused and the length of pre‑trial detention. It granted bail on a personal bond of Rs 30,000 with sureties, imposing conditions to attend police, not tamper with evidence or influence witnesses, and ordered the application disposed.

Issues considered

  • Whether bail should be granted to the accused despite the seriousness of IPC Sections 310(2) and 311 and the prosecution’s claim of risk of absconding and witness tampering
  • Whether the principle of parity with a co‑accused released on bail warrants granting bail to the applicant

Legislation cited

Subjects

  • bail
  • IPC Section 310
  • IPC Section 311
  • dacoity
  • parity principle
  • pre‑trial detention
  • witness tampering
  • antecedents

Judgment

                                                                                 8-BA-98-2026.doc


                      Shubhada S Kadam


                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CRIMINAL APPELLATE JURISDICTION
                                         BAIL APPLICATION NO. 98 OF 2026

                      Bhushan @ Swapnil Sunil Gosavi                         … Applicant/s
                       Versus
                      The State of Maharashtra                               … Respondent/s
                      _________________________________________________________________
                      Mr. Akshay Bankapur, Advocate for the Applicant.
                      Mr. S. S. Pednekar, APP for Respondent-State. APP for Respondent-State.
                      _________________________________________________________________

                                                          CORAM      :   SHIVKUMAR DIGE, J.
                                                          DATE       :   4th MARCH, 2026.
                      P.C. :
                      1.         By this application, the applicant is seeking regular bail in

                      Crime No. 428 of 2024 registered with Upanagar Police Station, District -

                      Nashik, for the offences punishable under Section 310(2) and 311 of the

                      Indian Penal Code 1860.

                      2.         It is prosecution’s case that on 23rd November 2024, the

                      applicant and co-accused were arrested by the police when they were

                      running away after committing dacoity.

                      3.         It is contention of learned counsel for the applicant that the

                      applicant is behind bars for more than 1 year and 4 months. There is no

         Digitally
         signed by    recovery of robbed amount at the instance of the applicant.       The co-
         SHUBHADA
SHUBHADA SHANKAR
SHANKAR KADAM
KADAM    Date:
                      accused, against whom similar allegations are made, has been released on
         2026.03.06
         11:08:02
         +0530
                      bail. Hence, requested to allow the application.

                                                      Page 1 of 3
                                                               8-BA-98-2026.doc


Shubhada S Kadam




4.         It is contention of learned APP that the applicant was caught

red-handed on the spot by the police. The pistol used in the crime has been

recovered at his instance. The applicant has antecedents. If the applicant

is released on bail, he may abscond or threaten the prosecution witnesses

and requested to reject the application.

5.         I have heard both learned counsel, perused charge-sheet and

documents produced on record. The applicant is behind bars for more than

1 year and 4 months. The co-accused, against whom similar allegations are

made, has been released on bail. Hence, the applicant is entitled to bail on

the principle of parity. Considering these facts, I pass following order :

                                   ORDER

        (i) The applicant be enlarged on bail in Crime No. 428 of 2024
            registered with Upanagar Police Station, District - Nashik, on
            executing P.R.Bond in the sum of Rs.30,000/- with one or two
            sureties in the like amount.
        (ii) The applicant shall attend the concerned police station as and
            when required.
        (iii) The applicant shall not tamper with the evidence or attempt to
            influence or contact the complainant, witnesses or any person
            concerned with the case.
           The application is allowed in the aforesaid terms and is

accordingly disposed of.



                                  Page 2 of 3
                                                             8-BA-98-2026.doc


Shubhada S Kadam




6.         It is made clear that the above observations are made only for

the purpose of granting bail and the Trial Court shall decide the case on its

own merits in accordance with law and uninfluenced by the observations

made in this order.

7.         All concerned to act on the authenticated copy of this order.



                                               (SHIVKUMAR DIGE, J.)




                                 Page 3 of 3


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