Ashpak Basha Makandar vs The State Of Maharashtra on 18 February, 2026

Supreme Court – Daily Orders

Ashpak Basha Makandar vs The State Of Maharashtra on 18 February, 2026

                                       IN THE SUPREME COURT OF INDIA
                                      CRIMINAL APPELLATE JURISDICTION


                                 CRIMINAL APPEAL NO(S).         OF 2026
                           (@ SPECIAL LEAVE PETITION (CRL.) NO(S).2923/2026)



                ASHPAK BASHA MAKANDAR                                                APPELLANT(S)


                                                               VERSUS


                THE STATE OF MAHARASHTRA                                             RESPONDENT(S)


                                                    O R D E R

Issue notice to the respondent.

Mr. Aaditya Pande, learned counsel accepts

notice for the respondent.

Leave granted.

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.

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,
Signature Not Verified

Digitally signed by
BORRA LM VALLI
Date: 2026.02.18
338, 427, 120-B, 209, 213, 214, 466, 467, 468, 471,
16:18:03 IST
Reason:

109 read with Section 34 of the Indian Penal Code (in

1
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.

Heard learned senior counsel for the appellant

in support of the appeal and learned standing counsel

for the respondent(s)-State.

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.

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.

2
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:

“Considering the facts on record and the

aforesaid submissions, in our view, the case for bail

is made out.

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.

It is directed that the appellant shall extend

complete cooperation in the trial of the instant

case.

The appellant shall not misuse his liberty in

any manner.

The appellant shall not make any attempt to

contact the witnesses either directly or indirectly.

3
Any infraction of the conditions shall entail

cancellation of bail granted to the appellant.

With these observations, the appeal is allowed.

………………………………………………………, J
(B.V. NAGARATHNA)

…………………………………………………………, J
(UJJAL BHUYAN)
NEW DELHI
FEBRUARY 18, 2026

4
ITEM NO.31 COURT NO.4 SECTION II-A

S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS

PETITION(S) FOR SPECIAL LEAVE TO APPEAL (CRL.) NO(S).
2923/2026

[ARISING OUT OF IMPUGNED FINAL JUDGMENT AND ORDER DATED 16-
12-2025 IN BA NO. 3751/2024 PASSED BY THE HIGH COURT OF
JUDICATURE AT BOMBAY]

ASHPAK BASHA MAKANDAR PETITIONER(S)

VERSUS

THE STATE OF MAHARASHTRA RESPONDENT(S)

IA No. 52340/2026 – EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT
IA No. 52341/2026 – EXEMPTION FROM FILING O.T.

Date : 18-02-2026 This matter was called on for hearing
today.

CORAM : HON’BLE MRS. JUSTICE B.V. NAGARATHNA
HON’BLE MR. JUSTICE UJJAL BHUYAN

For Petitioner(s) : Mr. Siddharth Agarwal, Sr. Adv.

Mr. Abid Mulani, Adv.

Mr. Shakti Pandey, Adv.

Mr. Yash Mehta, Adv.

Mr. Ashish Agarkar, Adv.

Ms. Shraddha Kulkarni, Adv.
Mr. Avnish Pandey, AOR

For Respondent(s) : Mr. Bharat Bagla, Adv.

Mr. Shrirang Varma, Adv.

Mr. Pratyush Kalro, Adv.

Mr. Aaditya Pande, AOR

UPON hearing the counsel the Court made the following
O R D E R

Issue notice to the respondent.

Mr. Aaditya Pande, learned counsel accepts

5
notice for the respondent.

Leave granted.

Appeal is allowed in terms of the signed order,

which is placed on file.

Pending application(s), if any, shall stand

disposed of.

(B. LAKSHMI MANIKYA VALLI) (DIVYA BABBAR)
COURT MASTER (SH) COURT MASTER (NSH)

6