Mukhtar Abdul Sattar Shaikh @ Pappu v. State Of Maharashtra

1 /2BA-232-17-922 Nalawade FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.232 OF 2017 Mukhtar Abdul Sattar Shaikh @ Pappu ...Applicant.

vs.

The State of Maharashtra

...Respondent.

Mr. A.P.Mundergi along with Mr. Ayaz Khan for the Applicant.

Ms.Veera Shinde, APP for the Respondent-State. CORAM :A.S.GADKARI, J.

DATE : 20th April, 2017 P.C.

This is an application for bail under Section 439 of the Code of Criminal Procedure in CR No.246/2016 dated 10.8.2016 registered with Sahar Police Station, Mumbai under Sections 307, 143, 144, 148, 149, 504 and 506 of the Indian Penal Code.

2) It is the allegation of the prosecution that at the instance of the applicant and co-accused Khandu Patil and other accused persons namely Javed Ansari and Siddesh Bhoir assaulted the first informant on 9.8.2016 at about 9.30p.m.

3) The record revels that the co-accused namely Siddesh Anand Bhoir, Javed Abdul Rauf Ansari and Khandu Patil have been released on bail by the Trial Court by its Orders dated 17.11.2016 and 29.11.2016 .

4) A perusal of the record would reveal that the role

2 /2BA-232-17-922 attributed to the applicant is the same and similar to that of accused Khandu Patil and therefore, the principle of parity is squarely applicable to the applicant. The applicant has therefore, made out a case for his release on bail. 1.

Hence, the following order.

a) The applicant be released on bail in CR No.246/2016 dated 10.8.2016 registered with Sahar Police Station, Mumbai on his furnishing PR bond of Rs.25,000/- with one or two solvent local sureties in the like amount. b) Before his release from jail, the applicant shall furnish the documents pertaining to his prospective residential address with the Investigating agency and to the Trial Court c) The applicant shall not leave the jurisdiction of the Trial Court without the prior permission of the trial Court.

d) The applicant shall attend all the dates before the Trial Court.

e) Any two consecutive defaults will attract the provisions of cancellation of bail.

f) The applicant shall not tamper with the evidence and or influence the prosecution witnesses. g) Application is allowed in the aforesaid terms. (A.S.GADKARI, J.)