Bail granted following precedent of co-accused in similar case; strict conditions imposed to ensure compliance.
In a significant ruling, the Supreme Court of India, on February 18, 2026, granted bail to Ashpak Basha Makandar, the appellant in Criminal Appeal No. 973 of 2026. This decision follows the principle of parity, as a co-accused in a similar case was previously granted bail. The appellant, represented by senior advocate Mr. Siddharth Agarwal and his team, was facing trial related to multiple charges under the Indian Penal Code, the Prevention of Corruption Act, and the Motor Vehicles Act.
The bench, comprising Justices B.V. Nagarathna and Ujjal Bhuyan, emphasized that the appellant has been in custody for approximately twenty months. The appeal was filed following the rejection of bail by the High Court of Judicature at Bombay on December 16, 2025.
The appellant sought bail on the grounds of parity with Amar Santosh Gaikwad, a co-accused granted bail by the Supreme Court on February 2, 2026. Recognizing the similarity in circumstances, the Supreme Court directed the Trial Court to release the appellant on bail, subject to conditions ensuring his presence during trial.
Key conditions imposed include the appellant's obligation to cooperate fully with the trial proceedings and refrain from any contact with witnesses, directly or indirectly. Any breach of these conditions will result in the cancellation of bail.
The decision underscores the judiciary's commitment to upholding legal principles while ensuring that justice is served impartially. The appellant's release is contingent upon adherence to the conditions set by the Trial Court, aimed at preventing any misuse of liberty.
Bottom Line:
Bail granted on the principle of parity when co-accused in a similar case has been granted bail, provided the appellant complies with the conditions imposed by the Trial Court and does not misuse liberty.
Statutory provision(s): Sections 304, 279, 337, 338, 427, 120-B, 209, 213, 214, 466, 467, 468, 471, 109, 34 of the Indian Penal Code, Sections 7, 7-A, 8, 12, 13 of the Prevention of Corruption Act, Sections 184, 185, 199/177, 3(1)/180, 5, 171, 119, 199/177 of the Motor Vehicles Act.
Ashpak Basha Makandar v. State of Maharashtra, (SC) : Law Finder Doc id # 2855320
