Moveable court granted bail to the applicant charged with offences under Sections 489-B, 489-C and 34 of IPC. The court allowed relief based on parity with a co-accused who had already been granted bail in a similar context.
Applicant granted bail on furnishing a PR bond of Rs.30,000 with one or two sureties in the like amount.
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.
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33.BA-560-20.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO.560 OF 2020
Shubham Dilip Kshirsagar.... Applicant
Versus
The State of Maharashtra.... Respondent
Mr. Shailesh Kharat, Advocate for the Applicant.
Smt. A.A. Takalkar, APP for the Respondent-State.
CORAM :SARANG V. KOTWAL, J.
DATE :21st JUNE, 2021 [Through Video Conferencing]
P.C. :
1.The applicant is seeking his release on bail in
connection with C.R. No.222/2019 registered at Samarth
Police Station, Pune under Section 489-B, 489-C read with 34
of IPC. The applicant was arrested on 28.7.2019 and since
then he is in custody. The investigation is over and the charge-
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Deshmane(PS)
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sheet is filed.
2.The FIR was lodged by PSI Nikhil Pawar. He has
stated that they were on patrolling duty on that day in the
area. They received a secrete information that the present
applicant and one Rahul Vachkal were to come in their Honda
City car. They were in possession of fake currency notes. The
police party thereafter called panchas and arranged to
conduct raid. They kept watch in the area near Ambedkar
College. At about 2:30 p.m., the car as mentioned in the
information came there. The police encircled the car and
apprehended the persons in the car. They were the present
applicant and Rahul Vachkal. Search was carried out. The
applicant was found to have 80 currency notes of Rs.500/-
denominations with certain numbers. Rahul was having three
currency notes of Rs.2000/- denominations. The dash-board
of the car had 92 currency notes of Rs.200/- denominations.
The applicant admitted before the panchas and the police
that those notes were fake currency notes. On this basis, the
FIR is lodged and the applicant is arrested.
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3.Heard Shri Shailesh Kharat, learned counsel for
the Applicant and Smt. A.A. Takalkar, learned APP for the
State.
4.Learned counsel for the applicant heavily relied on
the order passed by this Court (Smt Bharati Dangre, J.) on
22.12.2020 in Criminal Bail Application No.1205/2020. He
submitted that vide that order the co-accused Rahul Vachkal is
granted bail. The applicant's role is same and the evidence
against him is exactly the same as that of the co-accused
Rahul Vachkal who is granted bail.
5.Accused No.3 Nidhish Kalamkar who was the
main accused from whom the notes were taken is already
released on default bail. He, therefore, submitted that on
principles of parity, the applicant deserves to be released on
bail.
6.Learned A.P.P. opposed this application. She
submitted that the offence is serious. There are statements of
other police officers who were parties to the raid. There is
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also panchnama of the entire incident.
7.I have considered these submissions. With the
assistance of both learned counsel for the parties I have
perused the charge-sheet. The charge-sheet contains
statements of members of raiding party who have stated the
story as mentioned in the FIR. The panchnama is also to the
same extent.
8.I am taking into consideration ground of parity,
available to the present applicant in view of the order passed
by this Court, as mentioned earlier, in Criminal Bail
Application No.1205/2020 in respect of co-accused Rahul
Vachkal. There is absolutely no difference between the role of
the applicant and the co-accused Rahul Vachkal, who is
granted bail. The nature of evidence is also the same. The
third co-accused is also granted bail under Section 167 of
Cr.P.C. Therefore, the applicant can be extended the same
benefit. He can be released on bail on similar grounds. Hence,
the following order:
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ORDER
(i)In connection with C.R. No.222/2019
registered with Samarth Police Station,
Pune, the applicant is directed to be
released on bail on his furnishing PR bond
in the sum of Rs.30,000/- (Rupees Thirty
Thousand Only) with one or two sureties in
the like amount.
(ii) The applicant shall not directly or indirectly
make any inducement, threat or promise to
any person acquainted with facts of case
and shall not tamper with prosecution
evidence.
(iii) The applicant shall cooperate and attend the trial regularly unless exempted by the trial Court.(iv)The Application stands disposed of
accordingly.
(SARANG V. KOTWAL, J.)
Deshmane (PS)
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1 issue framed by the court
Whether the applicant is entitled to be released on bail on principles of parity given that a co-accused in the same case has been granted bail.
Colour shows how this judgement treated each authority
Order passed by this Court (Smt Bharati Dangre, J.)Relied on¶26
Criminal Bail Application No.1205/2020
2 provisions across 2 enactments
Shubham Dilip Kshirsagar
The State of Maharashtra
SARANG V. KOTWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court