SUPREME COURT OF INDIA
B.V. NAGARATHNA, UJJAL BHUYAN, JJ.
Ashpak Basha Makandar – Appellant
Versus
The State of Maharashtra – Respondent
Criminal Appeal No(s). 973 of 2026 (@ Special Leave Petition (Crl.) No(s). 2923 of 2026)
Decided On : 18-02-2026
| Table of Content |
|---|
| 1. appellant facing trial with multiple charges (Para 4 , 5) |
| 2. arguments regarding bail based on parity with co-accused (Para 7 , 8) |
| 3. court's decision based on circumstances and submissions (Para 9 , 10) |
| 4. conditions imposed on granted bail and appeal allowance (Para 11 , 12 , 13 , 14 , 15) |
ORDER :
1. Issue notice to the respondent.
2. Mr. Aaditya Pande, learned counsel accepts notice for the respondent.
3. Leave granted.
4. This appeal challenges the order dated 16.12.2025 passed by the High Court of Judicature at Bombay in Bail Application No.3751 of 2024.
5. The appellant has been facing trial in connection with a crime registered pursuant to FIR No. 306 of 2024 dated 19.05.2024 lodged with Police Station Yerwada, District Pune City in respect of offences punishable under Sections 304 , 279, 337, 338, 427, 120-B, 209, 213, 214, 466, 467, 468, 471, 109 read with Section 34 of the Indian Penal Code (in short, " IPC ") and Sections 7 , 7-A, 8, 12, 13 of the Prevention of Corruption Act, 1988 (in short, "PC Act") and Sections 184 , 185, 199/177, 3(1)/180, 5, 171, 119 and 199/177 of the Motor Vehicles Act, 1988 (in short, "MV Act"). The application seeking bail having been rejected by the High Court vide impugned order dated 16.12.2025, the appellant has preferred the instant appeal.
6. Heard learned senior counsel for the appellant in support of the appeal and learned standing counsel for the respondent(s)-State.
7. Learned senior counsel appearing for the appellant submitted that the appellant in this case is similarly placed with the appellant in Crl.A.No.629 of 2026 (Amar Santosh Gaikwad vs. State of Maharashtra) who was granted relief of bail vide order dated 02.02.2026. Therefore, on the principle of parity, this appellant also may be granted a similar relief as the appellant herein has also been in jail for about twenty months.
8. Learned standing counsel for the respondent- State submitted that indeed in the order dated 02.02.2026, relief has been granted to one of the co- accused. In the circumstances, appropriate orders may be made in this appeal.
9. Therefore, following our order dated 02.02.2026 passed in Crl.A.NO.627 of 2026 ( Ashish Satish Mittal vs. State of Maharashtra ) and particularly, following the relief granted to the appellant in Crl.A.NO.629 of 2026 (Amar Santosh Gaikwad vs. State of Maharashtra), we allow this appeal and direct as under:
10. We, therefore, allow this appeal and direct as under:
The appellant shall be produced before the concerned Trial Court as early as possible and the Trial Court shall release him on bail, subject to such conditions as it may deem appropriate to impose to ensure his presence in the proceedings arising out of FIR No.306 of 2024 mentioned above.
11. It is directed that the appellant shall extend complete cooperation in the trial of the instant case.
12. The appellant shall not misuse his liberty in any manner.
13. The appellant shall not make any attempt to contact the witnesses either directly or indirectly.
14. Any infraction of the conditions shall entail cancellation of bail granted to the appellant.
15. With these observations, the appeal is allowed.
The principle of parity allows bail to co-accused similarly situated when one is granted bail, supported by the length of pre-trial incarceration.
The court established that a delay in trial and the number of witnesses can justify granting bail, emphasizing the need for conditions to ensure the appellant's presence.
Prolonged incarceration justifies reconsideration of bail applications; prior rejections do not prevent courts from reevaluating bail based on changed circumstances.
Supreme Court granted regular bail in serious offence case involving alleged spontaneous scuffle, noting prolonged custody without trial commencement and rejecting High Court's one-year re-applicatio....
A convict with a sentence under three years is entitled to seek bail pending appeal under specific provisions of the Criminal Procedure Code.
Points of Law : Trial Court shall release the appellant on bail subject to such conditions as the Trial Court may deem appropriate to ensure presence and participation of the appellant in the pending....
The court granted bail under Section 409 IPC, emphasizing the need for a fair assessment of the appellant's circumstances and ensuring conditions to prevent misuse of liberty.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.