Akil Amir Ansari v. The State Of Maharashtra

Nalawade FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 762 OF 2018 Akil Amir Ansari vs. The State of Maharashtra Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Ms. Glady Pereira for the Applicant.

Mr.S.S. Hulke,APP. for the State.

CORAM : A.S.GADKARI, J.

DATE : 03rd July, 2018 P.C.

1.

This is an application under Section 439 of the Code of Criminal Procedure for bail in CR No.I-198/2016 dated 11.9.2016 registered with Bhiwandi Taluka Police Station, District Thane under Sections 302, 452, 427, 143, 147, 149, 149, 323, 504 and 506 of the Indian Penal Code, now culminated into Sessions Case No.50/2017.

2.

Heard the learned counsel appearing for the Applicant, the learned APP. Perused the charge sheet. 3.

The applicant is the original accused No.1 in the present crime.

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4.

The learned counsel for the applicant submitted that accused No.5 Maqsood Ansari has been released on bail by this Court by its Order dated 19.6.2018. It is submitted that the role attributed to the said Maqsood Ansari is same and similar as that of the present applicant and therefore, the applicant is entitled to be released on bail on the ground of parity.

5.

After perusing the charge sheet it clearly appears that there is substance in the submission of the learned counsel for the applicant. The applicant has been attributed with same and/or similar role as alleged against the coaccused Maqsood Ansari and therefore the applicant is entitled to be released on bail on the principle of the parity. Hence, the following order.

a) The applicant be released on bail in CR No.I198/2016 dated 11.9.2016 registered with Bhiwandi Taluka Police Station, District Thane now culminated into Sessions Case No.50 of 2017, pending on the file of Additional Sessions Judge, Thane on his furnishing PR bond of Rs.25,000/- with one or two solvent local sureties Page-2/3

in the like amount.

b) After his release from Jail, the applicant shall attend the Bhiwandi Taluka Police Station on every first Monday of the month between 11.00 a.m. to 1.00 p.m./ c) The applicant shall attend all the dates before the Trial Court unless precluded for medical reasons. d) The applicant shall not tamper with the evidence and/or pressurize the prosecution witnesses.

e) Application is allowed in the aforesaid terms. (A.S.GADKARI, J.) Page-3/3