Criminal Application for bail filed by an accused claiming parity with another co-accused whose bail was granted. The court allowed bail in the sum of Rs. 30,000/- with a condition to report weekly.
Applicant released on bail in the sum of Rs. 30,000/- with one or two sureties, reporting to police station once in a week.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 2933 OF 2009
Ankush Narayan Bhojane ..... ..... ...Applicant V/s The State of Maharashtra ..... ..... ...Respondent.
Mr.Sandip Dera, Adv. for the applicant. Mr.H.J.Dedhia, APP for the Respondent.
CORAM: A.P.DESHPANDE, J. 18th August, 2009.
PC:
This is an application under section 439 of Criminal Procedure Code filed by the original accused No.4. According to the prosecution there was Union rivalry between one Mukund Bhoir and the deceased and for that reason Mukund Bhoir had given a contract to the accused Nos. 3 to 5 for committing murder of Ganesh @ Bhoja Eknath Patil. The prosecution case is that Mukund Bhoir, the present applicant and other accused entered into criminal conspiracy and committed the murder. Learned counsel for the applicant has invited my attention to the order dated 7.5.09 passed by Justice V.K.Tahilramani where in bail has been granted to Ravindra Thakre who original accused No.3. It is undisputed that the present applicant and the applicants in Criminal Application No.1544/09 are similarly placed and thus on the ground of parity bail is claimed in the present application. The main accused Mukund Bhoir is already granted bail by this Court and it is so recorded in the order dated 7.5.09. There is no eye witness implicating the present applicant. The applicant has not been identified in identification parade is also a fact which is not disputed. Having regard to the reasons recorded in the order dated 7.5.09 and as it is not disputed that the present
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applicant is similarly placed with the applicant Ravindra Thakre in Criminal Application No.1544/09 the application for bail needs to be allowed. Application is allowed. The applicant-Ankush Narayan Bhojane is directed to be released on bail in the sum of Rs.30,000/- with one or two sureties to make up the said amount. Applicant shall report to the concerned police station once in a week till conclusion of the trial. Application stands disposed of.
18.8.2009.
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1 issue framed by the court
Whether the applicant is entitled to bail on the ground of parity with another similarly placed accused who was granted bail.
1 provisions across 1 enactments
Ankush Narayan Bhojane
The State of Maharashtra
A.P.Deshpande
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
