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2026 DAILYLAW 1876 (BOM)

KIRAN PRABHAKAR PAWAR v. STATE OF MAHARASHTRA

BA/2375/2026 · 2026-06-25

Shri Ashwin D Bhobe

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

916-BA-2375-2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2375 OF 2026 Kiran Prabhakar Pawar … Applicant Versus. The State of Maharashtra … Respondent ----- Mr. Sachin Gite, for the Applicant. Mr. V. V. Krishnan a/w Adv. A. A. Dixit, (through VC) for the Respondent No. 2 Mr. Sukanta Karmakar, APP for the Respondent – State. ------- CORAM : ASHWIN D. BHOBE, J. DATE : 25th June, 2026. P.C. : 1. Heard Mr. Sachin Gite, learned Advocate for the Applicant, Mr. V. V. Krishnan, learned Advocate for the Respondent No. 2 and Mr. Sukanta Karmakar, learned APP for the Respondent-State. 2. By the present Application, the Applicant seeks Regular Bail in Crime No. 72 of 2025, dated 25.03.2025, registered at Gangapur Police Station, Nashik, for offences punishable under Sections 318[4], 316[5] and 316[2] of the Bharatiya Nyaya Sanhita, 2023 (“BNS”). Vivekanand 1 916-BA-2375-2026.doc 3. Said Crime No. 72 of 2025 is registered as RCC No. 1019 of 2025 and is pending before the Additional Chief Judicial Magistrate, Nashik. 4. Mr. Sukanta Karmakar, learned APP for the Respondent- State, submits that there are 48 accused in Crime No. 72 of 2025, of whom 12 have been apprehended. 5. The case of the prosecution is that the Applicant and other Accused obtained a loan from the Bank of Maharashtra under a scheme floated by the Government, although they were not entitled to it. Pursuant to the said loan, the Applicant and the other Accused received a subsidy to which they were not entitled. 6. The Applicant (Accused No.12) was arrested on 22.12.2025 and remains in jail as of this date. The Criminal Bail Application 289 of 2026, filed by the Applicant, was rejected by the Additional Session Judge, Nashik, vide order dated 15.04.2026. 7. Mr. Sachin Gite, learned Advocate for the Applicant, submits that Sanket Subhash Singar (Accused No. 9) and Satish Madanrav Vivekanand 2 916-BA-2375-2026.doc Pawar (Accused No. 10) in Crime No. 72 of 2025 have been released on regular bail by this Court. He submits that the orders dated 07.05.2026 in Criminal Bail Application No. 1976 of 2026 and dated 16.04.2026 in Criminal Bail Application No. 954 of 2026 are at Exhibit -F (page nos. 117 to 123 of the paper book). He submits that the allegations and the prosecution's case against the Applicant are similar and identical to those against the said Accused Nos. 9 and 10. He therefore seeks bail on the ground of parity. 8. Mr Sukanta Karmakar, learned APP for the Respondent-State, submits that the allegation against the Applicant is similar to that against Accused Nos. 9 and 10 and therefore, the case of the Applicant can be considered on the ground of parity. 9. Mr. Sachin Gite, learned Advocate for the Applicant and Mr. V. V. Krishnan, learned Advocate for the Respondent No. 2, submit that the Applicant has returned the entire amount taken by the Applicant as subsidy. 10. Perused the records and the orders at Exhibit F of the paper Vivekanand 3 916-BA-2375-2026.doc book. 11. The allegations against the Applicant and Accused Nos. 9 and 10 in Crime No. 72 of 2025 are similar. On identical facts, Accused Nos. 9 and 10 have been released on bail by this Court. There is no material placed on record to demonstrate any distinguishing circumstances that would warrant a different view in the case of the present Applicant. 12. This Application is therefore allowed on the following terms:- (a) Applicant is directed to be released on bail in connection with C. R. No. 72 of 2025 registered with Gangapur Police Station, Nashik, upon furnishing a P.R. Bond in the sum of Rs. 25,000/- (Rupees Twenty Five Thousand only) with one or two sureties, in the like amount, to the satisfaction of the Additional Chief Judicial Magistrate, Nashik in RCC No. 1019 of 2025. (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. Vivekanand 4 916-BA-2375-2026.doc (c) Applicant shall, within three (3) days of her release from jail, provide to the Investigating Officer, Gangapur Police Station, his residential address with proof, the contact numbers and must inform the Investigating Officer about the change in the same from time to time. (e) Applicant shall report to the Investigating Officer, Gangapur Police Station, Nashik, once a month, i.e. on the 2nd Saturday of each month from 11.00a.m. to 12.00 noon till the framing of charge in in RCC No. 1019 of 2025. 13. Criminal Bail Application No. 2375 of 2026 is disposed of. (ASHWIN D. BHOBE, J.) Vivekanand 5