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2026 DAILYLAW 7352 (BOM)

PRAMOD RAMCHANDRA POWAR v. STATE OF MAHARASHTRA AND ANR.

BA/536/2026 · 2026-09-08

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Judgment text

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1/4 26-BA-536-2026(CR).DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLN. NO. 536 OF 2026 Pramod Ramchandra Powar …...Applicant VERSUS. State Of Maharashtra And Anr. …...Respondents ----- Mr. Parvej N. Nadaf i/b Mr. Santosh Mane, for Applicant. Mr. S. H. Yadav, APP, for Respondent Nos.1 and 2 - State. PSI, Mr. Mahavir Kute, Shahapur Police Station, Kolhapur, present. ------- CORAM : ASHWIN D. BHOBE, J. DATE : 8th SEPTEMBER, 2026. P.C. 1. Heard Mr. Parvej N. Nadaf, learned Advocate for the Applicant and Mr. S. H. Yadav, learned A.P.P. for Respondent Nos.1 and 2 – State. 2. By the present Application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”), the Applicant seeks Regular Bail in connection with Crime No. 164 of 2025, dated 03.05.2025, registered at Shahapur Police Station, District Kolhapur, for offences under Sections 178, 179, 180 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, “BNS”). 3. Mr. Parvej N. Nadaf, learned Advocate for the Applicant, submits that there are four (4) accused in Crime No.164 of 2025, and that the Shantanu S. Dhudum SHANTANU SHANKARSA DHUDUM Digitally signed by SHANTANU SHANKARSA DHUDUM Date: 2026.09.09 10:58:31 +0530 2/4 26-BA-536-2026(CR).DOC Applicant is accused No.1. He further states that Crime No.164 of 2025 is registered as Special Case No.42 of 2025 and is pending before the Court of the Additional Sessions Judge, Ichalkaranji (“Trial Court”). 4. Mr. Parvej N. Nadaf, learned Advocate for the Applicant, submits that the Applicant was arrested on 4th May, 2025. The Bail Application at Exhibit – 6 in Special Case No.42 of 2025 was rejected by the Trial Court on 3rd November, 2025. 5. Mr. Parvej N. Nadaf, learned Advocate for the Applicant, submits that the Applicant seeks bail on the ground of parity. He submits that accused No.2 (Avaduth Prakash Pawar), against whom the allegations in Crime No.164 of 2025 are similar and infact identical, to those against the Applicant, has been released on Regular Bail by this Court vide order dated 5th May, 2026, in Criminal Bail Application No.333 of 2026. He states that the said order is at Exhibit-D (pages 112 to 115 of the paper-book). He, therefore, requests bail on the ground of parity. 6. Mr. S. H. Yadav, learned A.P.P. for Respondent Nos. 1 and 2 – State, in all fairness, submits that the allegations against the Applicant (accused No. 1) are similar to those against accused No. 2 (Avaduth Prakash Pawar), who has been granted bail by this Court vide order dated 5th May, 2026 in Criminal Bail Application No. 333 of 2026. He, submits that the Applicant's request can be considered on the ground of parity. Shantanu S. Dhudum 3/4 26-BA-536-2026(CR).DOC 7. Perused the record and the order dated 5th May, 2026, passed in Criminal Bail Application No. 333 of 2026. 8. The role and involvement of the Applicant in Crime No. 164 of 2025 is similar to that of accused No. 2 (Avaduth Prakash Pawar), as submitted by Mr. Parvej N. Nadaf, learned Advocate for the Applicant and are not disputed by Mr. S. H. Yadav, learned A.P.P. for Respondent Nos. 1 and 2 – State. 9. Accused No. 2 has been released on regular bail on the same set of facts. There is no material placed on record to demonstrate any distinguishing circumstances that would warrant a different view in the case of the Applicant. 10. Mr. Parvej N. Nadaf, learned Advocate for the Applicant, is therefore justified in seeking bail for the Applicant on the ground of parity. 11. In view of the above, this Application is allowed on the following terms and conditions: ORDER (A) The Applicant–Pramod Ramchandra Powar, shall be released on bail in Crime No.164 of 2025, dated 03/05/2025, registered with Shahapur Police Station, District Kolhapur, on 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 Shantanu S. Dhudum 4/4 26-BA-536-2026(CR).DOC Additional Sessions Judge, Ichalkaranji in Special Case No.42 of 2025. (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 to any police officer. The Applicant shall not tamper with the evidence in any manner. (C) The Applicant, upon his release, shall, within three (3) days of his release, furnish his cell phone number and residential address, along with proof, to the Investigating Officer, Shahapur Police Station, District: Kolhapur, and shall keep the same updated in case of any change thereto. (D) The Applicant shall cooperate in the conduct of the trial and shall regularly appear before the Trial Court in Sessions Case No. 42 of 2025, unless specifically exempted by the Trial Court. If the Applicant fails to appear before the Trial Court on the date fixed, the same would be considered a breach of condition and the Trial Court, would be at liberty to pass appropriate orders. 12. Criminal Bail Application No.536 of 2026 is disposed of. ( ASHWIN D. BHOBE, J.) Shantanu S. Dhudum