Extracted from the PDF above. The PDF is authoritative.
47.BA.3078.2026.doc Ajay
IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION
NO. 3078 OF 2026
Sudhir Bharat Bhorade .. Applicant Versus State of Maharashtra .. Respondent .................... Mr. Varun Thokal, Advocate for Applicant. Mr. Sukanta A. Karmakar, APP for Respondent – State. PI – Mr. Asaram Bhole, EOW Pune City present. ......…........... CORAM : MILIND N. JADHAV, J. DATE : SEPTEMBER 16, 2026. P.C.:
1. Heard Mr. Thokal, learned Advocate for Applicant and Mr. Karmakar, learned APP for Respondent – State. 2. This is an Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking bail. The case of Applicant is for enlargement on bail in First Information Report (FIR) bearing C. R. No.56 of 2025 dated 08.03.2025 registered with Wagholi Police Station for offences punishable under Sections 420, 406 and 409 read with 34 of the Indian Penal Code, 1860 (for short ‘IPC’). 3. Applicant is arraigned as Accused No.3 in the present crime. Total 4 Accused persons are involved. The principal accused who is the owner of the land and who received the maximum quantum of the 1 of 5
47.BA.3078.2026.doc amounts on the said land having been marketed by Accused Nos.2 and 3 has already been released on bail without he making any deposit. The learned Advocate appearing for Applicant would draw my attention to the order of grant of bail to Accused No.2 who was the partner of the present Applicant, copy of which is annexed at Exhibit – ‘I’ – page No.897 of the Application. 4. On 15.04.2026, this Court (Coram: Shivkumar Dige, J.) enlarged Accused No.2 on bail. Though he would candidly submit that the said order prima facie reads that the Applicant therein namely co- accused No.2 had deposited the amount which was shown to have been received by him by the prosecution, he would on instructions from the father of the Applicant submit that he is not in a position to make any deposit. 5.
However, he would submit that in view of the principal Accused No.1 having been enlarged on bail and the co-accused No.2 who was the partner of Applicant being enlarged on bail on parity, he deserves to be enlarged on bail, especially on the basis of the Applicant not having knowledge about the passing of the Supreme Court order in the year 2016 and the subsequent embargo placed in the revenue record of the subject lands in 2023 which has been ascertained by this Court while releasing the principal accused on bail vide order dated 31.08.2026 in Bail Application No.1883 of 2026. 2 of 5
47.BA.3078.2026.doc
6. Mr. Karmakar, learned Prosecutor would in his usual fair- mindedness draw my attention to paragraph No.3 of the order of grant of bail to Accused No.2 dated 15.04.2026 and would submit that the Applicant should be directed to show his bonafides in order to consider the request made by the learned Advocate for Applicant on parity. 7. I have considered the submissions of Mr. Karmakar. However, in view of the candid statement made by the learned Advocate on instructions received from the father of Applicant who is present in court, I am inclined to accept the said statement. Considering the fact that the principal accused has already been enlarged on bail and also the co-accused No.2 who has an identical role as that of the Applicant being a co-partner of the ‘Vision Valley Project’ partnership firm which marketed the said land to prospective purchasers/buyers, I am inclined to accept the submission on the ground of parity and enlarge the Applicant on bail. 8. Hence, in view of above prima facie observations and findings, Bail Application of Applicant is allowed subject to the following terms and conditions:- (i) Applicant – Sudhir Bharat Bhorade is directed to be immediately released from prison in connection with CR.
No.56 of 2025; 3 of 5
47.BA.3078.2026.doc (ii) Applicant is directed to be released on bail on furnishing P.R. Bond of Rs.30,000/- (Rs. Thirty Thousand only) with one or two sureties in the like amount; (iii) Applicant shall report to the Investigating Officer at Wagholi Police Station, Pune once every month, on the first Monday of the month between 10:00 a.m. to 12:00 p.m. until commencement of trial and thereafter shall attend all dates of hearing before the Trial Court; (iv) Applicant shall cooperate with the conduct of the trial and remain present before the Trial Court on all dates, unless specifically exempted. Applicant shall not seek unnecessary adjournments. Any such conduct shall entitle the prosecution to apply for cancellation of bail; (v) Applicant shall not leave the State of Maharashtra without prior permission of the Trial Court; (vi) Applicant shall not influence any of the witnesses or tamper with the evidence in any manner; (vii) Applicant shall keep the Investigating Officer informed of his current residential address and mobile telephone number and shall forthwith inform the Investigating 4 of 5
47.BA.3078.2026.doc Officer of any change in his residential address or mobile telephone number, as and when such change occurs; and (viii)Any breach or infraction of any of the aforesaid conditions shall entail cancellation of the bail granted to the Applicant. 9. It is clarified that the observations made in this order are limited for the purpose of granting bail only and I have not made any observations on merits of the case. The trial shall be adjudicated on the strength of the evidence led and strictly on its own merits being uninfluenced with any of the prima facie observations made hereinabove in this order. 10. Bail Application is allowed and disposed in the above terms. [ MILIND N. JADHAV, J. ] Ajay 5 of 5 AJAY TRAMBAK UGALMUGALE Digitally signed by AJAY TRAMBAK UGALMUGALE Date: 2026.09.16 20:08:04 +0530