Bombay High Court
Ramdas @ Pappu @ Zingya @ Sameer Yashwant ... vs State Of Maharashtra on 6 August, 2025
2025:BHC-AS:33772-DB 13(2)-IA-1566-2025.DOC
Rekha Patil
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 1566 OF 2025
IN
CRIMINAL APPEAL NO. 1185 OF 2024
Ramdas @Pappu @ Zingya @ Sameer Yashwant ...Applicant
Dhage
Versus
State of Maharashtra ...Respondent
Mr. Salman Khan, for the Applicant.
Ms. Kranti T Hivrale, APP, for the Respondent-State.
CORAM: SUMAN SHYAM &
SHYAM C. CHANDAK, JJ.
DATED: 6th AUGUST 2025.
PC:-
1. Heard Mr. Salman Khan, learned counsel appearing for the
Applicant/Appellant. Also heard Ms. Kranti Hivrale, learned APP
appearing for the Respondent-State.
2. The applicant herein, alongwith nine others, were arrayed as
accused persons in connection with C.R. No.622 of 2016 registered
with Yavat Police Station, Pune, inter alia for the offences
punishable under Sections 395 of the Indian Penal Code ('IPC')
r/w Sections 3(1)(ii), 3(4) of the Maharashtra Control of
REKHA
PRAKASH Page 1 of 5
PATIL
Digitally signed by
6th August 2025
REKHA PRAKASH
PATIL
Date: 2025.08.07
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Organized Crime Act, 1999 ('MCOC Act'). On conclusion of trial,
the applicant herein, who was the accused No.3, was convicted
alongwith the accused Nos. 3, 5 and 6 for committing offence
under Section 395 of the IPC alongwith Sections 3(1)(ii), 3(4) of
the MCOC Act and was sentenced to imprisonment for life and also
to pay fine of Rs.10,00,000/- each.
3. Assailing the judgment and order of conviction dated 13 th
September, 2024, passed by the learned Special Judge under
MCOC Act and Additional Sessions Judge, Pune, in connection
with Special MCOC Case No. 12 of 2017, the applicant, as
appellant, has preferred Criminal Appeal No. 1185 of 2024, which
is pending disposal before this Court.
4. The applicant is in jail since 29 th January, 2017. By filing the
instant application, the applicant has approached this Court
seeking an order under Section 430(2) of the Bharatiya Nagarik
Suraksha Sanhita ('BNSS) ( Section 389 of the Code of Criminal
Procedure ('Cr.P.C.'), for suspension of his jail sentence and also for
his release on bail.
5. By invoking the principle of parity, Mr. Khan, learned
Counsel for the applicant, submits that the original accused Nos. 5
and 6, who are standing on equal footing with the present
applicant, insofar as the evidence available on record is concerned,
have already been enlarged on bail by this Court and, therefore,
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the present is a fit case wherein, by applying the principle of parity,
the present applicant be also released on bail.
6. In support of his above argument, Mr. Khan has brought to
our notice two orders dated 15th April, 2025 (Coram:Revati Mohite
Dere & Dr. Neela Gokhale, JJ.) passed in Interim Application No.
4662 of 2024 and 4661 of 2024, both arising out of Criminal
Appeal No. 1185 of 2024, whereby the accused Nos. 5 and 6 had
been granted bail by this Court.
7. After a cursory review of the material on record, we find that
the evidence brought against the original accused Nos. 5 and 6 is
same as that adduced against the present applicant (accused No.
3).
8. Ms.Kranti Hivrale, the learned APP, has also submitted in her
usual fairness that although the applicant has been convicted of
serious offence, yet, it cannot be denied that the principle of parity
would have a bearing in the outcome of the present application.
9. Considering the facts of the case and by applying the
principle of parity, we are of the unhesitant opinion that the
applicant herein, viz., Ramdas @Pappu @ Zingya @ Sameer
Yashwant Dhage stands on equal footing and, therefore, he
deserves to be released on bail on similar terms and conditions as
have been made applicable in the case of the original accused
Nos.5 and 6.
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10. We, accordingly, direct that the applicant- Ramdas @Pappu
@ Zingya @ Sameer Yashwant Dhage be released on bail, subject
to the following conditions;
ORDER
(a) The applicant- Ramdas @Pappu @ Zingya @
Sameer Yashwant Dhage shall be released on bail in
connection with Special MCOC Case No. 12 of 2017
(C.R. No.622 of 2016 registered with Yavat Police
Station, Pune) on furnishing P .R. bond of the sum of
Rs.50,000/- with one or two local solvent sureties in
the like amount, to the satisfaction of the learned Trial
Court.
(b) The applicant shall report before the Yavat
Police Station, Pune, on the first Saturday of every
month until final hearing and disposal of the
connected criminal appeal.
(c) The applicant shall maintain good behaviour
and desist from any anti social activity during the
currency of the bail order.
(d) The applicant shall also submit an affidavit
before the learned Trial Court, at the time of
furnishing his surety, to the effect that he will abide by
6th August 2025
13(2)-IA-1566-2025.DOC
all the terms and conditions imposed by the Court for
releasing him on bail.
(e) The Applicant shall ensure due representation
before this court as and when the connected appeal is
taken up for hearing.
11. We make it clear that any violation of the conditions of bail
imposed by this Court will be viewed seriously and may invite
consequential orders including an order of cancellation of bail.
12. With the above observations, the Interim Application is
allowed and stands disposed of .
(SHYAM C. CHANDAK, J.) (SUMAN SHYAM, J.)
{
6th August 2025
