Piyush Mangesh Bhosale v. State Of Maharashtra

Digitally signed by DINESH SADANAND SHERLA Date:

2023.04.01 17:28:32 +0500 49-ba-115-23.doc DINESH SADANAND SHERLA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 115 OF 2023 Piyush M. Bhosale ...Applicant V/s.

State of Maharashtra

...Respondent.

Mr. Rupesh A. Zade a/w. Ms Priyanka Gupta for the Applicant. Mr. S.S. Hulke, APP for the Respondent/State.

CORAM

:

N.R. BORKAR, J.

DATE :

31.01.2023.

P.C. :

1.

This is an application under Section 439 of Code of Criminal Procedure for bail.

2.

The applicant came to be arrested in Crime No.677 of 2022 registered at Baramati Police Station, Pune for the ofences punishable under Sections 324, 395, 397, 427, 504 and 506 of the Indian Penal Code, Section 4 read with 25 of the Arms Act and Section 135 of the Maharashtra Police Act.

3.

I have heard the learned counsel for the applicant and the learned APP for the respondent - State.

4.

The bail is sought on the ground of parity. In support of the said ground, the learned counsel for the applicant has placed on record a copy of the order dated 3 January 2023 passed by the Sessions Court in Bail Application No. 1607 of 2022. By the said order, the Sessions Court has released co-accused Anish Suresh Jadhav.

Dinesh S. Sherla 1/2

49-ba-115-23.doc 5.

The allegations against the present applicant and the other co-accused are common. According to the prosecution, on the date of alleged incident which took place on 17 December 2022, the applicant and other co-accused created ruckus in the Hotel Komal. They assaulted the Manager of the said Hotel, so also to the customers and took away cash amount of Rs.4500/- from the hotel counter.

6.

Considering the fact that the Sessions Court has released the co-accused on bail and as there are no other criminal antecedents, I am inclined to release the applicant on bail. In the result, the following order is passed.

O R D E R

A] Bail Application is allowed.

B] The applicant be released on bail in C.R. No. 677 of 2022 registered at Baramati Police Station, Pune for the ofences punishable under Sections 324, 395, 397, 427, 504 and 506 of the Indian Penal Code, Section 4 read with 25 of the Arms Act and Section 135 of the Maharashtra Police Act on furnishing P.R Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one or two sureties in the like amount.

[N.R.BORKAR, J.] Dinesh S. Sherla 2/2