In a criminal application for bail under Sections 302 and 342 IPC, the court allowed the bail petition granted on parity with co-accused already released, setting bail at Rs. 50,000 with conditions.
Bail allowed on grounds of parity; released on bond of Rs. 50,000 with conditions to attend hearings and police office.
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BA 1564-13.odt
Anand
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.1564 OF 2013
(For Bail)
Vijay Ramkishor Singh.Applicant
V/s.
The State of Maharashtra.Respondent
Mr.Nitin B. Patil, Advocate, for the Applicant
Mrs.G.P.Mulyekar, APP, for the Respondent -
State
CORAM:U.V.BAKRE, J.
DATE:25TH SEPTEMBER, 2013
P.C.
.Heard the learned counsel for the
applicant and the learned APP for the
respondent – State.
2.The applicant who has been arrested
along with three other persons on 5th March,
2013 in connection with C.R.No.37 of 2013
registered with Malwani Police Station for the
offences punishable under Sections 302, 342
read with Section 34 of the Indian Penal Code
has filed the present bail application.
Page 1 of 4
BA 1564-13.odt
Investigation is complete and charge sheet has
already been filed.
3.It is the case of the prosecution that
on 5th March, 2013 at about 03:00 a.m. the
present applicant along with others assaulted
the deceased, since he had entered in the
premisesofthefactoryknownas
S.A.Engineering situated at Gaodevi Mandir
Road infront of Jurassic Park at Malvani Malad
Road. The deceased was caught raid handed and
was handed over to the police. He died about
four hours after he was taken into custody by
the police. It is the contention of the
present applicant that he is not involved in
the assault. Be that as it may, the owner of
the said factory by name Amarjeet Ramkishore
Singh has already been released on bail by
this Court by order 16thJuly, 2013.
Thereafter, another co-accused by name Vijay
Ramlakhan Yadav who allegedly participated in
beating the victim when he was apprehended has
also been released on bail by this Court by
Page 2 of 4
BA 1564-13.odt
order dated 27th August, 2013.
4.The learned APP submitted that as far
as the deceased is concerned, there are as
many as 81 injuries in number and that two
weapons have been recovered at the instance of
the present applicant. The above may be the
material against the present applicant. It is
seenthatco-accusedwhosimilarly
participated in assaulting victim has already
been released on bail. Therefore, in my
considered opinion, the present applicant is
entitled to bail on the ground of parity.
allowed.
be released on bail upon execution of P.R.Bond
in sum of Rs.50,000/- with one or more solvent
sureties in the sum aggregating to Rs.50,000/-
under the following conditions.
Page 3 of 4
BA 1564-13.odt
(i)The applicant shall attend all the
dates of hearing and shall also attend office
of DCB CID Unit XI Kandivali, Mumbai every
Wednesday between 10:00 a.m. and 1:00 p.m.
till final disposal of the case.
prosecution witnesses.
6.The Criminal Application stands
disposed of.
Page 4 of 4
1 issue framed by the court
Whether the applicant is entitled to bail on grounds of parity with co-accused already released.
1 provisions across 1 enactments
Vijay Ramkishor Singh
The State of Maharashtra
U.V. BAKRE
As recorded by the court registry
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