The High Court allowed a successive bail application filed by the applicant seeking release on parity with a co-accused granted bail by the Supreme Court, considering their identical roles in the offence.
Applicant released on bail on executing P.B. and S.B. of Rs.50,000 with one solvent surety 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.
936-ba-769-2023.odt
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
BAIL APPLICATION NO.769 OF 2023
SACHIN WAMAN BIRAJDAR
VERSUS
THE STATE OF MAHARASHTRA
Advocate for Applicant : Mr. Salunke Sudarshan J
APP for Respondent/State : Mr. S.B. Narwade
CORAM : S.G. MEHARE, J.
DATED : JUNE 08, 2023
PER COURT:-
1.Heard learned counsel for the applicant and learned APP
for the State.
2.The applicant is seeking bail in Crime No.185 of 2021
registered with Kasar-Shirshi Police Station, Taluka Nilanga, District
Latur for the offence punishable under Section 302, 324, 504, 506, 34
of Indian Penal Code.
3.This is a successive bail application of the applicant.
However, he is claiming bail on parity as one of the co-accused has
been granted bail by the Hon’ble Supreme Court. The role attributed
to the applicant and co-accused Sadashiv, who has been granted bail,
is identical. Therefore, the applicant deserve bail. Hence, the
following order :
ORDER
(i)Bail Application is allowed.
936-ba-769-2023.odt
(2)
(ii)The applicant, Sachin Waman Birajdar, be released on bail on
executing P.B. and S.B. of Rs.50,000/- (Rupees fifty thousand) with
one solvent surety in the like amount in connection with the above
crime, on the conditions that he shall not tamper with the prosecution
witnesses.
(iii) The applicant shall attend the trial on each and every date as the trial has already been expedited by the Hon’ble Supreme Court.(iv) The applicant shall not contact the victim or any other witnesses till conclusion of the trial.(v) The applicant shall not involve in the similar crime.Mujaheed//
1 issue framed by the court
Whether bail should be granted to the applicant on parity with a co-accused who has already been granted bail by the Hon'ble Supreme Court.
Sachin Waman Birajdar
The State of Maharashtra
S.G. MEHARE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court