Kiran Uttam Lihinar v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.225 OF 2015 Kiran Uttam Lihinar ...Applicant vs.

State of Maharashtra

...Respondent

Mr. Pradyumna Waghmare, Advocate for the Applicant.

Mr. Y.M. Nakhwa, APP for the State.

CORAM : P.D. KODE, J.

DATE : FEBRUARY 03, 2015 P.C.

.

Heard.

2.

For the detailed reasons recorded in the order dated 23/01/2015 the co-accused has been released on bail. The perusal of the charge sheet does not reveal that case of the present applicant is not on par with the said co-accused except the factor of mobile stolen was that with present applicant.

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3.

The learned APP was not able to point out any specific features for coming to the conclusion that the offence occurred at the hands of the applicant would transcend beyond commission of the offence under Section 304 of Indian Penal Code, as observed in the earlier order.

4.

Resultantly, on principle of parity the application is allowed.

5.

The applicant is directed to be released on bail in C.R. No. 339 of 2014 registered with Sakinaka police station, Mumbai upon furnishing P.R. Bond in sum of Rs. 1,00,000/- (One lac) with one ore more sureties to make up like amount and subject to the conditions that after release the applicant shall (a) stay at the address mentioned in the application and shall not change the same without permission of the Court, (b) attend the investigating officer on every Monday for a period 2/3

of one month and thereafter on every alternate Monday in between 11.00 am to 1.00 pm until further order, (c) not indulge in activity of tampering, threatening, coercing, intimidating or pressurizing the prosecution witnesses in any manner and (d) not to misuse the bail granted vide this order for fleeing away or for committing any further offence. The application stands disposed of.

(P.D. KODE, J.) 3/3