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Bombay High CourtBA/618/2022allowed

Sairaj Deepak Jadhav v. The State Of Maharashtra

2023-09-29Hon'Ble Shri Justice Shivkumar Dige3 pages

Shubhada S Kadam 6-ba-618-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 618 OF 2022 Sairaj Deepak Jadhav .....

Applicant

Versus

The State of Maharashtra .....

Respondent Mr. Niranjan Mundargi i/b. Ms. Keral Mehta, Advocate for Applicant. Ms. Pallavi Dabholkar, APP for Respondent-State. CORAM : SHIVKUMAR DIGE, J.

DATE : 29th SEPTEMBER, 2023.

P.C. :

1.

By this application, applicant is seeking bail in C.R. No.123 of 2021 registered with Rajarampuri Police Station for the offences punishable under Sections 307, 120B, 323, 143, 148, 149, 341, 427, 504, 506, 188, 269 and 270 of Indian Penal Code, 1860, Sections 4 and 25 of Arms Act, Section 51(b) of Disater Management Act and Sections 2, 3 and 4 of the Epidemic Diseases Act, Section 11 of COVID-19 Regulations 2020 and Section 3(1)(ii), 3(2) and 3(4) of Maharashtra Control of Organised Crimes Act, 1999.

2.

It is the contention of learned counsel for applicant that four co-accused have been released on bail by the trial Court. The role attributed to the four co-accused and the applicant is the same, hence, applicant is entitled for bail on the principle of parity. 1/3

Shubhada S Kadam 6-ba-618-2022.doc 3.

Learned APP, on instructions, fairly submitted that parity would be applicable to the applicant.

4.

I have heard both learned counsel. Perused FIR and charge-sheet. Four co-accused have been released on bail by the trial Court. The role attributed to the applicant and four co-accused is the same. 5.

In view of above, I pass following order :

ORDER

(i) Applicant be enlarged on bail in C.R. No.123 of 2021 registered with Rajarampuri Police Station, on executing P.R.Bond in the sum of Rs.30,000/- with one surety in the like amount.

(ii) Applicant shall attend the concerned police station once in a month i.e. on first Monday between 11.00 a.m. to 3.00 p.m. till framing of charge.

(iii) Applicant shall inform his latest place of residence and mobile number immediately after being released and/or change of residence or mobile details, if any, from time to time to the Investigating Officer.

(iv) Applicant shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case.

2/3

Shubhada S Kadam 6-ba-618-2022.doc 6.

The application is allowed in the aforesaid terms and is accordingly disposed off.

7.

It is made clear that the above observations are made only for the purpose of granting bail and the Trial Court shall decide the case on its own merits in accordance with law and uninfluenced by the observations made in this order.

8.

All concerned to act on the authenticated copy of this order. (SHIVKUMAR DIGE, J.) by SHUBHADA SHANKAR KADAM Date:

2023.10.06 14:38:54 +0530 SHUBHADA SHANKAR KADAM 3/3