Swapnil Baban Sawant vs State of Maharashtra — Murder and Culpable Homicide | Bombay HC (2025)

Swapnil Baban Sawant vs State of Maharashtra — Murder and Culpable Homicide | Bombay HC (2025)

What the court decided

AI extract

Outcome

Applicant enlarged on bail in C.R. No. 374 of 2022 (Khed Police Station, Pune) on executing a P.R. Bond of Rs. 50,000/- with one or two sureties of the like amount, subject to conditions: monthly attendance at the concerned police station on the first Monday of each month between 11.00 a.m. and 3.00 p.m. till framing of charge; informing latest place of residence and mobile number to the Investigating Officer immediately after release and on any change; not tampering with evidence or attempting to influence or contact the complainant, witnesses or persons concerned with the case; not contacting the victim and prosecution witnesses; and attending Court dates regularly. Trial Court to decide the matter on its own merits, uninfluenced by the observations in this order.

Issue for consideration

Whether the applicant, arraigned for offences under Sections 302, 307, 201, 364, 368 read with 34 IPC in C.R. No. 374 of 2022 (Khed Police Station, Pune), is entitled to regular bail on the principle of parity with co-accused Vilas Parsude, who has been released on bail by the Hon'ble Apex Court despite similar allegations.

Court's answer

Co-accused Vilas Parsude, against whom allegations similar to those against the applicant were levelled in the same crime, had been granted bail by the Hon'ble Apex Court.

Ratio / Principle

Considering the order passed by the Hon'ble Apex Court granting bail to the co-accused, the applicant is entitled to bail on the principle of parity.

Detailed headnote1 paragraphs

Criminal — Bail — Regular bail — Principle of parity. Applicant accused in C.R. No. 374 of 2022 (Khed Police Station, Pune) for offences punishable under Sections 302, 307, 201, 364, 368 read with 34 IPC for allegedly assaulting the deceased with bricks and stones and murdering him on 24.05.2022. Co-accused Vilas Baburao Parsude, against whom similar allegations were levelled in the same crime, had already been released on bail by the Hon'ble Supreme Court. Held, considering the Apex Court order, the applicant was entitled to bail on the principle of parity. Bail granted on P.R. Bond of Rs. 50,000/- with one or two sureties of the like amount, with conditions: monthly appearance at the concerned police station (first Monday, 11.00 a.m.–3.00 p.m.) till framing of charge; disclosure of residence/mobile particulars to the Investigating Officer; no tampering with evidence and no contact with the complainant, victim or witnesses; regular attendance on Court dates. Trial Court directed to decide the matter on its own merits, uninfluenced by the observations made in this order. (Bombay High Court, Shivkumar Dige, J., decided 10.02.2025)

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S.S.Kilaje

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

BAIL APPLICATION NO. 2267 OF 2024

Swapnil Baban Sawant … Applicant Versus State of Maharashtra ... Respondent

Mr. Amit Icham a/w. Mr. Nilesh Waghmode and Mr. Chaitanya Purankar, Advocates for the Applicant.

Smt. Sangeeta D. Shinde, APP for the State.

CORAM : SHIVKUMAR DIGE, J. DATED : 10^th FEBRUARY, 2025.

P.C. :

By this application, applicant is seeking regular bail in C.R.No.

374 of 2022 registered with Khed Police Station, Pune for the offence punishable under Section 302, 307, 201, 364, 368 read with 34 of Indian Penal Code.

It is prosecution’s case that on 24.05.2022 around 12:30 a.m., applicant and co-accused assaulted the deceased with bricks and stones and murdered him.

It is contention of learned counsel for the applicant that the coaccused against whom same allegations leveled has been released on bail by Hon’ble Apex Court hence applicant is seeking bail on the principle of parity.

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It is contention of learned APP that applicant and co-accused have assaulted the deceased with stones and bricks and murdered him. The applicant has antecedents. If he is released on bail, he may threaten prosecution witnesses, hence requested to reject the application.

I have heard both the learned counsel. Perused charge-sheet produced on record and order passed by Hon’ble Apex Court in the case of Vilas Baburao Parsude Vs. State of Maharashtra, the Hon’ble Apex Court has granted bail to Vilas Parsude who is co-accused in the present crime and the allegations are leveled against him are similar to the applicant. Considering the order passed by the Hon’ble Apex Court, the applicant is entitled for bail on the principle of parity and I pass following order :

ORDER

i. The applicant be enlarged on bail in C.R.No. 374 of 2022 registered with Khed Police Station, Pune, on executing P.R.Bond of Rs. 50,000/- on furnishing one or two sureties of the like amount.

ii. The applicant shall attend the concerned police station once in a month i.e. on first Monday of the month between 11.00 a.m. to 3.00 p.m. till framing of charge.

iii. The applicant shall inform his latest place of residence and mobile number immediately after being released

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and/or change of residence or mobile details, if any, from time to time to the Investigating Officer.

iv. The applicant shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case.

v. The applicant shall not contact the victim and prosecution witnesses.

vi. The Trial Court shall not be influenced by the observations made in this order and shall decide the matter on its own merits and in accordance with law.

vii. The applicant shall attend the Court dates regularly.

The Bail Application is allowed in the aforesaid terms and is accordingly disposed of.

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

( SHIVKUMAR DIGE, J.)

SONALI Digitally signedby SONALISATISH KILAJE SATISHKILAJE Date:2025.02.1218:46:54+0700

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