Research › Search › Judgment

Bombay High Court · body

2026 DAILYLAW 3151 (BOM)

ASHOK MAHADEV THORAT v. STATE OF MAHARASHTRA

BA/2654/2026 · 2026-07-07

Shri Ashwin D Bhobe

Public Interest Litigationbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

(906) BA-2654.26.DOCX lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.2654 OF 2026 Ashok Mahadev Thorat : Applicant. Versus. The State of Maharashtra : Respondent. ----- Mr. Piyush Toshnival a/w Mr. Nilabh Toshnival i/by Mr. Ashish Pawar for the Applicant. Ms. Shilpa Talhar, APP for the Respondent/State. ------- CORAM : ASHWIN D. BHOBE, J. DATED : 07 JULY 2026 PC:- 1. Heard Mr. Piyush Toshnival, learned Advocate for the Applicant and Ms. Shilpa Talhar, learned APP for the Respondent – State. 2. By the present Application, the Applicant seeks Regular Bail in the crime bearing C.R. No. 632 of 2023, dated 21/12/2023, registered with Paud Police Station, District Pune, for offences punishable under Sections 302, 201 r/w 34 of the Indian Penal Code. 3. There are 7 accused in the present crime. Applicant is Accused No.1. The said Crime No.632 of 2023 is registered as 1 LAXMIKANT GOPAL CHANDAN Digitally signed by LAXMIKANT GOPAL CHANDAN Date: 2026.07.07 20:41:12 +0530 (906) BA-2654.26.DOCX Sessions Case No. 680 of 2024 and is pending before the Additional Sessions Judge, Pune (“Sessions Court”) 4. The case of the prosecution is that the Applicant and the co- accused committed the murder of Joseph Pereira (deceased). The motive for the murder was that the deceased, who was in a live-in relationship with Dolly Pereira (Accused No.6), was treating her cruelly, harassing and assaulting her. 5. Applicant was arrested on 22 December 2023. Bail Application at Exhibit 26 filed by the Applicant along with other two co-accused in Sessions Court No. 680 of 2024 was dismissed by the Sessions Court by a common order dated 20 April 2026. 6. Mr. Piyush Toshnivala, learned Advocate for the Applicant, submits that Accused No.5 - Naman Tagraj Pille, against whom the allegations are almost similar to those of the Applicant, has been released on bail by this Court vide order dated 06 April 2026 in Criminal Bail Application No.2405 of 2025 (Pages 258 to 260 of the paper book). He submits that, since Accused No.5 has been granted bail, the Applicant would be entitled to bail on the ground of parity. 7. Ms. Shilpa Talhar, learned APP for the Respondent/State, submits that the presence of the Applicant along with the co- accused at the scene of offence is captured in the CCTV footage. She submits that the involvement of the Applicant in the present crime is of assisting the co-accused in disposing of the body of the deceased. 2 (906) BA-2654.26.DOCX 8. Perused the records and the order dated 06 April 2026 passed by this Court in Criminal Bail Application No.2405 of 2025. 9. The allegations against the Applicant are that he was present at the place of the incident and further, the Applicant is seen assisting the co-accused in carrying the wrapped body of the deceased in the bedsheet and keeping it in a vehicle. Mr. Piyush Toshnival, learned Advocate for the Applicant, submits that apart from the said allegations, there is no other material against the Applicant in the present crime. 10. Mr. Naman Tegraj Pille (Accused No.5), whose presence is also captured in the CCTV footage entering and exiting the house of the deceased, has been released on bail. 11. The allegation that the Applicant was seen carrying the wrapped body is accepted then the offence would be under Section 201 of the Indian Penal Code, which is a bailable offence. 12. Mr. Piyush Toshnival, learned Advocate for the Applicant, states that till date charge in Sessions Case No.680 of 2024 is not framed. He submits that the prosecution has enlisted 30 witnesses. Applicant has been in jail for almost 2 years and 6 months. 13. Considering the above-mentioned facts, the allegations made against the Applicant and the fact that Accused No.5 has been released on bail, the Applicant's continued detention in jail pending trial in Sessions Case No.680 of 2024 is not required. 14. This Application is allowed on the following terms :- 3 (906) BA-2654.26.DOCX (a) Applicant is directed to be released on bail in connection with C.R. No. 632of 2023 registered with Paud Police Station, District Pune upon furnishing a P.R. Bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand only) with one or two sureties, each in the like amount, to the satisfaction of the Additional Sessions Judge, Pune in Sessions Case No.680 of 2024. (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 and shall not tamper with evidence. (c) Applicant shall, within three (3) days of her release from jail, provide to the Investigating Officer, Paud Police Station, District Pune 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 appear and report to the Investigating Officer, Paud Police Station, District Pune on the 2nd Saturday of each month from 11.00 to 12.00 noon, till further orders from the Sessions Court, Pune. (e) Applicant shall regularly appear before the Sessions Court, Pune in Sessions Case No. 680 of 2024, as and when the matter is fixed, unless specifically exempted. 4 (906) BA-2654.26.DOCX (f) In the event of the Applicant's absence on the date fixed in Sessions Case No. 680 of 2024, the prosecution is at liberty to move for cancellation of bail. 15. Criminal Bail Application No. 2654 of 2026 disposed of (ASHWIN D. BHOBE, J.) 5