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Bombay High CourtBA/574/2023allowed

Haresh Anil Sharma v. State Of Maharashtra

2023-04-27Hon'Ble Shri Justice N. R. Borkar2 pages

9-BA-574-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 574 OF 2023 Harsh Anil Sharma ...Applicant

Versus

The State of Maharashtra

...Respondent

.........

Ms. Pushpa Ganediwala a/w. Mr. Anshu Agrawal and Mr. Yashwardhan Tiwari for the Applicant.

Mr. P.H. Gaikwad Patil, APP for the State.

.........

CORAM : N.R. BORKAR, J.

DATED : 27 APRIL 2023 P.C. :- This is an application filed under Section 439 of the Code of Criminal Procedure, 1973 for bail.

2.

The applicant came to be arrested in Crime No. 113 of 2022 registered at Bundgardan Police Station, Pune for the offences punishable under Sections 417, 419, 420, 465, 466, 467, 468, 471, 120(B) r/w. 34 of the Indian Penal Code.

3.

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 the copy of the order passed by the Sessions Court dated 21 March 2023 in Bail Application No. 95 of 2023 and in Bail Application No. 8367 of 2022. By the said order, the Sessions Court has released the co-accused-Mohammad MJ Jadhav 1 / 2

9-BA-574-23.odt Aasif Mohammad Yunus and co-accused-Sayyed Talib Hussain Sayyed Jamil Hussain on bail.

4.

I have perused the charge-sheet. The allegation against the present applicant inter-alia are of preparing forged Aadhar card, PAN card etc. The allegations against the co-accused-Mohammad Aasif Mohammad Yunus and Sayyed Talib Hussain Sayyed Jamil Hussain to whom the Sessions Court has granted bail are also of preparing forged Aadhar Card and PAN Card etc. The learned APP on instructions submits that there are no other criminal antecedents. In that view of the matter, I am inclined to release the applicant on bail. Hence, the following order is passed: (i) Application is allowed.

(ii) The applicant shall be released on bail in Crime No. 113 of 2022 registered at Bundgardan Police Station, Pune for the offences punishable under Sections 417, 419, 420, 465, 466, 467, 468, 471, 120(B) r/w. 34 of the Indian Penal Code on furnishing PR bond in the sum of Rs. 50,000/- with one or two sureties in the like amount.

( N.R. BORKAR, J. ) MJ Jadhav 2 / 2