Chirag Rameshwar Shewale vs State of Maharashtra — Murder and Culpable Homicide | Bombay HC (2026)

Chirag Rameshwar Shewale vs State of Maharashtra — Murder and Culpable Homicide | Bombay HC (2026)

What the court decided

AI extract

Outcome

Applicant enlarged on bail in Crime No. 802 of 2021 (Kondhwa Police Station, Pune) on executing a P.R. Bond of Rs.30,000 with one or two sureties in the like amount; conditions imposed: to attend the concerned police station as and when required, and not to tamper with evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case.

Issue for consideration

Whether the applicant, accused in Crime No. 802 of 2021 (Kondhwa PS, Pune) of offences under the IPC, Arms Act, Maharashtra Police Act and MCOCA including murder, is entitled to regular bail given his incarceration of more than four years and four months, absence of progress in the trial, and the release on bail of co-accused Sunil Zare who faces similar allegations, notwithstanding the prosecution's concerns of absconding and threatening witnesses.

Court's answer

The applicant is entitled to bail on the principle of parity, having been behind bars for more than four years and four months with no progress in the trial, while co-accused Sunil Zare against whom similar allegations are made has already been released on bail.

Key takeaways

The observations in the bail order are made only for the purpose of granting bail; the Trial Court shall decide the case on its own merits in accordance with law, uninfluenced by those observations.obiter¶28

Detailed headnote1 paragraphs

Regular bail - Murder and organised crime charges (IPC Ss. 302, 120-B, 307, 326, 323, 324, 141, 143, 144, 147, 149 r/w 34; Arms Act S. 4(25); Maharashtra Police Act Ss. 37(1), 135; MCOCA Ss. 3(1)(i), 3(2), 3(4)) - Crime No. 802 of 2021, Kondhwa PS, Pune - Applicant alleged to have assaulted and murdered the informant's brother with sickle, wooden stick and steel pipe on 15.09.2021 over an old dispute - Incarceration exceeding four years and four months with no progress in trial - Co-accused Sunil Zare, similarly alleged, already released on bail - Bail granted on the principle of parity (Shivkumar Dige, J., Bombay HC, 20.01.2026) - P.R. Bond Rs.30,000 with one or two like sureties; conditions of periodic police-station attendance and non-tampering/non-contact with witnesses - Observations confined to the bail grant; Trial Court to decide uninfluenced by them.

37-BA-1572-2025 (CR).doc

Shubhada S Kadam

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

BAIL APPLICATION NO. 1572 OF 2025

Chirag Rameshwar Shewale ...Applicant Versus The State of Maharashtra ….Respondent

_________________________________________________________________ Mr. Sana Raees Khan with Ms. Neha Balani and Ms. Hars Shah, Advocate for the Applicant. Mr. Prashant P. Jadhav, APP for Responden-State. PSI-Prasad Jadhav, present.

CORAM : SHIVKUMAR DIGE, J. DATE : 20^th JANUARY, 2026.

P.C. :

By this application, the applicant is seeking regular bail in Crime No. 802 of 2021 registered with Kondhwa Police Station, District Pune, for the offences punishable under Sections 302, 120-B, 307, 326, 323, 324, 141, 143, 144, 147 and 149 read with 34 of the Indian Penal Code 1860, Section 4(25) of the Arms Act, Sections 37(1) and 135 of the Maharashtra Police Act and Sections 3(1)(i), 3(2) and 3(4) of the Maharashtra Control of Organised Crime Act, 1999.

SHUBHADA SHANKAR KADAM

Digitally signed by SHUBHADA SHANKAR KADAM Date: 2026.01.22 19:18:38 +0530

It is prosecution’s case that on 15th September 2021 around 9:15 PM, the applicant and co-accused assaulted the brother of the informant with sickle, wooden stick, and steel pipe and murdered him on the ground of old dispute.

Page 1 of 3

37-BA-1572-2025 (CR).doc

Shubhada S Kadam

It is contention of learned counsel for the applicant that the applicant is behind bars for more than four years and four months. There is no progress in the trial. The co-accused, against whom similar allegations are made, has been released on bail. It may take time to conclude the trial and requested to allow the application.

It is contention of learned APP that the applicant and co-accused assaulted the brother of the informant and murdered him. The incident is witnessed by eyewitness. If the applicant is released on bail, he may abscond and threaten the prosecution witnesses and requested to reject the application.

I have heard both learned counsel, perused the charge-sheet and documents produced on record. The applicant is behind bars for more than four years and four months. There is no progress in the trial. The coaccused Sunil Zare, against whom similar allegations, are made has been released on bail. Hence, the applicant is entitled to bail on the principle of parity. Considering these facts, I pass the following order:

ORDER

(i) The applicant be enlarged on bail in Crime No. 802 of 2021 registered with Kondhwa Police Station, District Pune, on executing P.R.Bond in the sum of Rs.30,000/- with one or two sureties in the like amount.

Page 2 of 3

37-BA-1572-2025 (CR).doc

Shubhada S Kadam

(ii) The applicant shall attend the concerned police station as and when required.

(iii) The applicant shall not tamper with the evidence or attempt to

influence or contact the complainant, witnesses or any person concerned with the case.

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

It is made clear that the above observations are made only for the purpose of granting bail and the Trial Court shall decide the case on its own merits in accordance with law and uninfluenced by the observations made in this order.

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

Page 3 of 3