The High Court allowed a bail application in a public property misappropriation case. Relying on the parole order of a co-accused, the court released the applicant on bail subject to strict conditions.
Bail granted with a bond of Rs.50,000 and local sureties, subject to conditions regarding police attendance, residence updates, and trial cooperation.
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.
rpa 1 / 4 23 ba 63 2020.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.63 OF 2020
Ganesh Ramesh Zende .. Applicant Versus State of Maharashtra .. Respondent
Mr.Kishor Maru, Advocate for the Applicant.
Ms.Anamika Malhotra, APP for the Respondent – State.
CORAM : PRAKASH D. NAIK, J.
DATED : MARCH 17, 2021.
P.C. :
The applicant seeks his enlargement on bail in connection with C.R.No.I–739 of 2018, registered with Manpada Police Station, Thane, for the alleged ofences punishable under Section 392 read with 34 of Indian Penal Code.
Digitally signed by RajeP. RajeP. AherDate: Aher 2021.03.20 15:13:44 +0530
3 Learned APP opposed the application. He submits that there are similar cases registered as against the applicant i.e. 6 cases. Learned counsel for the applicant, however,submits that he is not arrested in any of those cases.
4 Perused the papers. According to the complainant, on 26th December, 2018, he was carrying a sum of Rs.1,10,000/-,
rpa 2 / 4 23 ba 63 2020.doc
given to him by his employer, for handing it over to one Uday Gawde. He was riding on his scooter. He was obstructed by two persons. They snatched the bag carrying amount and ran away. FIR was lodged against unknown person. In the supplementary statement dated 27th December, 2018, he stated that he was carrying a sum of Rs.12,91,000/-. All the three accused in the said case were arrested on 29th December, 2018. Rs.4,81,000/were covered from Gurpreet Singh. There is recovery of Rs.3,20,000/-, at the instance of the applicant. Rs.3,41,000/- were recovered from another accused. It appears that in the Test Identifcation Parade, the applicant was identifed by the complainant/frst informant. The role of the applicant is similar to that of the co-accused Gurpreet Singh who has been enlarged on bail by this Court (Coram : S.K. Shinde, J.) vide order dated 4th November, 2019. It appears that Gurpreet Singh was also identifed in the Test Identifcation Parade and there was recovery of Rs.4,81,000/-, at his instance.
5 On the ground of parity, the application can be
allowed.
6 Hence, I pass the following order:
rpa 3 / 4 23 ba 63 2020.doc
:: O R D E R ::
rpa 4 / 4 23 ba 63 2020.doc
( PRAKASH D. NAIK, J.)
1 issue framed by the court
Whether bail can be granted to the applicant on grounds of parity with a co-accused already enlarged on bail.
Colour shows how this judgement treated each authority
Gurpreet SinghReferred¶15
vide order dated 4th November, 2019
1 provisions across 1 enactments
Ganesh Ramesh Zende
State of Maharashtra
Prakash D. Naik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
