Prakash Ranchhoddas Divakar @ Prakashdas Ranchhoddas Vaishnav vs State of Maharashtra — Bombay HC (2026) — LawSathi Research

Prakash Ranchhoddas Divakar @ Prakashdas Ranchhoddas Vaishnav vs State of Maharashtra — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Release on regular bail in Crime No.240 of 2022 (Bundgarden Police Station, Pune) on furnishing PR bond of Rs.25,000/- with one or two solvent sureties in the like amount; conditions: no tampering with the evidence and/or influencing of prosecution witnesses, and attendance at the concerned Police Station as and when required; Trial Court to decide the case uninfluenced by the observations in this order.

Issue for consideration

Whether the Applicant, accused in Crime No.240 of 2022 (Bundgarden Police Station, Pune) who has been in custody for over three and a half years, is entitled to regular bail notwithstanding the prosecution's contention that he is a member of a crime syndicate and may abscond or threaten prosecution witnesses if released. +1 more

Court's answer

Application allowed; the Applicant is to be released on bail in Crime No.240 of 2022 on furnishing a PR bond of Rs.25,000/- with one or two solvent sureties in the like amount, subject to conditions that he shall not tamper with the evidence or influence prosecution witnesses and shall attend the concerned Police Station as and when required.

Ratio / Principle

Bail is granted principally on parity: the allegations against the Applicant are the same as those against co-accused Pratik alias Nonya Sanjay Waghmare, and since that co-accused has been released on bail, the Applicant is likewise released on bail.

Key takeaways

On the merits, the court found that at the time of the incident the Applicant was not present, that the allegation against him is confined to his presence outside the hospital when the First Informant was attacked, and that proving the conspiracy would require evidence.ratio¶31
Direction that the Trial Court shall decide the case on its own merits and in accordance with law, uninfluenced by the observations made in this order.obiter¶39

Detailed headnote1 paragraphs

Bombay High Court (Shivkumar Dige, J.; decision dated 21st January 2026), Criminal Bail Application No.4092 of 2024: Regular bail granted to Prakash Ranchhoddas Divakar @ Prakashdas Ranchhoddas Vaishnav in Crime No.240 of 2022, Bundgarden Police Station, Pune, for offences under IPC Ss.307, 353, 332, 120(B), 141, 143, 144, 147, 148, 149; Arms Act Ss.3(25), 4(25); Maharashtra Police Act Ss.37(1)(3), 135, 142; Criminal Law Amendment Act Ss.3, 7; and MCOC Act Ss.3(1)(ii), 3(2), 3(4). Prosecution alleged that on 5th September 2022, while the First Informant was under treatment at Sassoon Hospital under police protection, the Applicant and co-accused tried to kill him with sickle assault and firing, the Applicant carrying some assailants on his motorcycle. The court found the Applicant was allegedly only outside the hospital at the time, that proving the conspiracy would require evidence, that he had been in custody over three and a half years with no trial progress, and that gang-leader co-accused Pratik alias Nonya Sanjay Waghmare facing identical allegations was already on bail; bail was accordingly allowed on parity on a PR bond of Rs.25,000/- with one or two solvent sureties, with conditions against tampering with evidence or influencing witnesses and attendance at the concerned police station as required, the Trial Court being directed to decide uninfluenced by these observations.

20-BA-4092-2024.doc

N.S.Kamble

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

CRIMINAL BAIL APPLICATION NO. 4092 OF 2024

Prakash Ranchhoddas Divakar … Applicant @ Prakashdas Ranchhoddas Vaishnav

Digitally signed NILAM by NILAM SANTOSH SANTOSHKAMBLE KAMBLE Date: 2026.01.23 12:36:14 +0530

Versus

State Of Maharashtra … Respondent

Mr.Satyavrat Joshi a/w Mr.Ishan Paradkar, Mr.Samay Pawar and Mr.Yash Fadtare, for the Applicant. Mr.Prashant P. Jadhav, APP for Respondent-State.

CORAM : SHIVKUMAR DIGE, J.

DATE : 21^st JANUARY 2026

P.C. :

. By this Application, Applicant is seeking regular bail in

Crime No.240 of 2022 registered with Bundgarden Police Station,

Pune, for the offences punishable under Sections 307, 353, 332,

120(B), 141, 143, 144, 147, 148 and 149 of the Indian Penal Code, 1860 (‘IPC’ for short), Sections 3(25) and 4(25) of the Arms Act,

Section 37(1)(3) read with Section 135 and 142 of the Maharashtra Police Act, Sections 3 and 7 of Criminal Law Amendment Act and

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20-BA-4092-2024.doc

N.S.Kamble

Sections 3(1)(ii), 3(2) and 3(4) of the The Maharashtra Control of Organised Crime Act, 1999 (‘MCOC’ Act).

It is prosecution’s case that on 5^th September 2022 when First Informant was undergoing treatment at Sassoon Hospital underpolice protection, at that time, the Applicant and co-accused tried to kill him by assaulting him with sickle and firing at him. It is alleged that the Applicant carried some of the assailants on his motorcycle and co-accused Pratik alias Nonya Sanjay Waghmare who is gang leader, carried some of the assailants in auto rickshaw.

It is contention of learned counsel for the Applicant that the Applicant is behind bars for more than three and half years. The allegations against the Applicant are that at the time of incident, he was standing outside of the hospital and carried co-accused on his motorcycle. The learned counsel further submitted that the gang leader against whom allegations are that he carried the co-accused in his auto rikshaw to the hospital has been released on bail. There is no progress in the trial. It may take time to conclude the trial. The Applicant has no antecedents. The Applicant is entitled for bail on principle of parity.

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20-BA-4092-2024.doc

N.S.Kamble

It is contention of learned APP that the Applicant is member

of crime syndicate. He alongwith co-accused tried to kill first informant when he was undergoing treatment in Sassoon Hospital under police protection. If Applicant released on bail, he may abscond or threaten prosecution witnesses, and requested to reject the Application.

I have heard both learned counsel. Perused charge-sheet and documents produced on record.

At the time of incident, the Applicant was not present. The Allegations against him are that he was present outside of the hospital when the First Informant was attacked. To prove the conspiracy, evidence is required. The allegations against the co-accused Pratik alias Nonya Sanjay Waghmare and the Applicant are same. The co-accused Pratik alias Nonya Sanjay Waghmare has been released on bail, considering these facts, I pass following order.

ORDER

(i) The Applicant-Prakash Ranchhoddas Divakar @ Prakashdas Ranchhoddas Vaishnav be released on bail in Crime No.240 of 2022 registered with Bundgarden Police

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20-BA-4092-2024.doc

N.S.Kamble

Station, Pune,, on furnishing PR bond of Rs.25,000/- with one or two solvent sureties in the like amount.

(ii) The Applicant shall not tamper with the evidence and/or influence the prosecution witnesses.

(iii) The Trial Court shall decide the case on its own merits and in accordance with law, uninfluenced by the observations made in this order.

(iv) The Applicant shall attend the concerned Police Station as and when required.

(v) Application is allowed in the aforesaid terms.

(SHIVKUMAR DIGE, J.)

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