During Criminal Appeal No. 229 of 2015, the High Court at Bombay granted bail to the applicant, originally convicted under sections of the IPC, on grounds of parity with co-accous who had been freed previously.
Bail granted in the sum of Rs.25,000/- with PR Bond and contingency bond payable to police; sentence suspended.
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.
1 Cri.Appln.557/2017-Cr.Apeal.229/2015(18)
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 557 OF 2017 IN
CRIMINAL APPEAL NO. 229 OF 2015
Hanmant Bhagwat Garad Vs. State of Maharashtra
...Applicant ...Respondent
Mr. Harshad V. Nimbalkar i/b. Mr. Satyam H. Nimbalkar, Advocate for the Applicant Mr. H.J. Dedia, A.P.P. for the State
CORAM : SMT. V.K. TAHILRAMANI, & M.S. KARNIK, JJ. DATED :19TH APRIL, 2017
P.C. :
2 Cri.Appln.557/2017-Cr.Apeal.229/2015(18)
Applicant submitted that the role of the present Applicant is the same as that of Ramesh Garad and Sunil Khandare, hence, the Applicant be granted bail on the ground of parity. The submission that the role of the Applicant is the same as that of Ramesh Garad and Sunil Khandare is not controverted by the Prosecution. It is also an admitted fact that the Applicant was on bail during the trial. In view of these facts we are inclined to grant bail to the Applicant. Hence, the following order is passed:
ORDER
(i) Sentence of imprisonment imposed on the Applicant is suspended;
(ii) The Applicant Hanmant Garad be released on bail in the sum of Rs.25,000/-. The Applicant to furnish surety and PR Bond in the like amount.
(iii) During the period that the Applicant is on bail, he shall report to Mohol Police station, Solapur on the first Sunday of every month;
(iv) Application is allowed in the above terms.
(M.S. KARNIK, J.) (SMT. V.K. TAHILRAMANI, J.)
1 issue framed by the court
Whether bail should be granted to the applicant on grounds of parity with co-accused who were already granted bail.
Hanhant Bhagwat Garad
State of Maharashtra
V.K. Tahilramani
M.S. Karnik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
