High Court Bombay allowed bail for three accused (Nos. 3 and 4) relying on parity with co-accused No. 2 who was granted bail earlier, directing release on Rs. 50,000 bond with sureties and standard conditions.
Applicants released on bail with P.R. Bond of Rs.50,000/- with one or two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
20-BA-82.2015
sjs
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE – CRIMINAL
BAIL APPLICATION NO.82 OF 2015
1. Pradeep Laxman Shelke |
|
|---|---|
2. Nilesh Bhagwan WaghVs. |
.... Applicants |
State of Maharashtra |
.... Respondent |
Mr. Aniket U. Nikam for the Applicants.
Ms Rutuja Ambekar APP, for the Respondent-
State.
CORAM: P.D. KODE, J.
DATED: FEBRUARY 04, 2015
P.C:
1.Heard. By this application accused
Nos.3 and 4 in the charge-sheet submitted by
Kasa Police Station, District Palghar in C.R.
No.I-124 of 2014 against them and few more
accused for commission of offences under
Sections 399, 307, 341, 402, 336 and 427 r/w
Section 34 of the IPC have prayed for bail.
Page 1 of 3
sjs 20-BA-82.2015
2.The prayer for bail is based upon the
principle of parity of charge-sheeted accused
No.2 being granted bail vide order dated
21-1-2015, passed upon Bail Application No.2676
of 2014. It is submitted that case of the
applicants is on par with said charge-sheeted
accused No.2, who has been granted bail.
Perusal of the charge-sheet justifies said
submission. Learned APP has objected the grant
of prayer for bail on the same grounds on which
the earlier application was opposed.
3.Having regard to the reasons for which
said co-accused was granted bail, and the case
of the applicants being on par with said
co-accused, the application is allowed.
4.Resultantly, the applicants are
directed to be released on bail in the above
said crime number upon each of them furnishing
Page 2 of 3
sjs
20-BA-82.2015
P.R. Bond of Rs.50,000/- (Rupees Fifty Thousand
only) with one or two sureties to make up like
amount and subject to conditions that after
their release, the applicants shall (i) stay at
the address mentioned in the application and
shall not change the same without permission of
the Court; (ii) attend the I.O. on every Monday
in between 5:00 p.m. to 7:00 p.m. until further
order; (iii) not indulge in activity of
tampering, threatening, coercing, intimidating
or pressurizing the prosecution witnesses in
any manner; and (iv) not misuse the bail
granted vide this order for fleeing away or for
committing any further offence.
5.The application accordingly stands
disposed of.
Page 3 of 3
1 issue framed by the court
Whether bail should be granted to accused Nos. 3 and 4 based on the principle of parity with co-accused No. 2 who was already granted bail.
Pradeep Laxman Shelke
Nilesh Bhagwan Wagh
State of Maharashtra
P.D. KODE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court