Shrijay Sanjay Khade vs State of Maharashtra — Bombay HC (2026) — LawSathi Research

Shrijay Sanjay Khade vs State of Maharashtra — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Applicant enlarged on regular bail in Crime No. 242 of 2023 (Ambad Police Station, Nashik) on executing a P.R.Bond of Rs.30,000/- with one or two sureties in the like amount; applicant 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, an accused in Crime No. 242 of 2023 (Ambad Police Station, Nashik) who has been in custody for almost 3 years, is entitled to regular bail on the principle of parity, given that the co-accused against whom similar allegations are made has been released on bail.

Court's answer

The applicant is entitled to bail on the principle of parity: the main allegations of firing are against co-accused Sagar Pawar, the applicant has been behind bars for almost 3 years, and the co-accused having similar allegations has been released on bail.

Key takeaways

The observations made in the order are only for the purpose of granting bail; the Trial Court shall decide the case on its own merits in accordance with law, uninfluenced by the observations in this order.obiter¶¶30

Detailed headnote1 paragraphs

Bail — parity. Shivkumar Dige, J. (Bombay High Court, Criminal Appellate Jurisdiction) allowed a regular-bail application by Shrijay Sanjay Khade, accused in Crime No. 242 of 2023 of Ambad Police Station, Nashik, registered for offences punishable under Sections 307, 109, 114, 120-B, 201 and 385 IPC, Section 3(1)/25 Arms Act, Section 7 Criminal Amendment Act, Section 142 Maharashtra Police Act and Sections 3(1)(ii), 3(2), 3(4) and 3(5) MCOCA, 1999. The prosecution alleged that on 16 April 2023 co-accused Sagar Pawar fired two gunshots at injured Rakesh Koshti with intent to kill, the applicant allegedly giving cover. Holding that the main firing allegations were against Sagar Pawar, that the applicant had been in custody for almost three years, and that the co-accused with similar allegations had already been released on bail, the Court held the applicant entitled to bail on the principle of parity and enlarged him on a P.R.Bond of Rs.30,000/- with one or two sureties in the like amount, subject to attendance at the police station as required and abstention from tampering with evidence or contacting the complainant/witnesses. The Court clarified that its observations were confined to the bail stage and the Trial Court would decide the case on merits uninfluenced by them.

8-BA-3673-2025 (CR).doc

Shubhada S Kadam

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3673 of 2025

Shrijay Sanjay Khade … Applicant/s

Versus

The State of Maharashtra … Respondent/s

____________________________________________________________ Mr. Aniket Vagal along with Ms. Savvy Kolhekar and Ms. Juhi Kadu, Advocate for the Applicant/s.

Ms. R. D. Humane, APP for Respondent-State.

CORAM : SHIVKUMAR DIGE, J. DATE : 12^th JANUARY, 2026.

P.C. :

By this application, the applicant is seeking regular bail in Crime No. 242 of 2023 registered with Ambad Police Station, Nashik, for the offences punishable under Sections 307, 109, 114, 120-B, 201 and 385 of the Indian Penal Code 1860, Section 3(1)/25 of the Arms Act, Section 7 of the Criminal Amendment Act, Section 142 of the Maharashtra Police Act and Sections 3(1)(ii), 3(2), 3(4) and 3(5) of the Maharashtra Control of Organised Crime Act, 1999.

SHUBHADA SHANKAR KADAM

Digitally signed by SHUBHADA SHANKAR KADAM Date: 2026.01.14 16:07:12 +0530

It is the case of the prosecution that on 16^th April 2023, around 9:30 to 9:45 a.m., when the injured Rakesh Koshti along with his friend, was going on a motorcycle, at that time co-accused Sagar Pawar fired two gunshots at Rakesh Koshti causing injuries, with the intention to kill him. It is alleged that the applicant was giving cover to Sagar Pawar.

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8-BA-3673-2025 (CR).doc

Shubhada S Kadam

It is the contention of the learned counsel for the applicant that the co-accused, against whom similar allegations are made, has been released on bail. The applicant is behind bars for almost 3 years. Hence, the applicant is entitled for bail on the principle of parity, and requested to allow the application.

It is the contention of learned APP that the applicant was involved in the incident. There was a common intention of the applicant to kill the injured. If the applicant is released on bail, he may threaten the complainant and prosecution witnesses, and requested to reject the application.

I have heard both learned counsel, perused the charge-sheet and documents produced on record. The main allegations of firing are against co-accused Sagar Pawar. The applicant is behind bars for almost 3 years. The co-accused, having similar allegations, has been released on bail. Considering this fact, the applicant is entitled for bail on the principle of parity. Hence, I pass following order:

ORDER

(i) The applicant be enlarged on bail in Crime No. 242 of 2023 registered with Ambad Police Station, Nashik, on executing P.R.Bond in the sum of Rs.30,000/- with one or two sureties in the like amount.

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8-BA-3673-2025 (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.

(SHIVKUMAR DIGE, J.)

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