Dipak Pandharinath Patole And ANR v. The State Of Maharashtra

1/4 nsc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO.574 OF 2017 1.

Dipak Pandharinath Patole 2.

Yogesh Baban Patole ...Applicants

Versus

The State of Maharashtra

...Respondent

Mr.P.G.Sarda, for the Applicants.

Mr.Deepak Thorat, A.P.P. for the Respondent-State CORAM : REVATI MOHITE DERE, J.

DATE : 5th APRIL, 2017 P.C. :

1.

Heard learned counsel for the applicants and learned APP for the Respondent - State.

2.

By this application, the applicants seek pre-arrest bail in connection with C.R.No.206 of 2016 registered with the Chakan Police Station, Pune, for the alleged offences punishable under Sections 307, 326,

2/4 324, 323, 143, 147, 148, 149, 504, 506, of the Indian Penal Code and under Section 4(25) of the Arms Act.

3.

Learned Counsel for the applicants seek bail on the ground of parity. He submitted that similarly placed co-accused - Gorakh Baban Patole has been enlarged on pre-arrest bail by this Court (Coram:Smt.Sadhana S. Jadhav,J.) vide order dated 2nd December, 2016 passed in Criminal Anticipatory Bail Application No.1821 of 2016. He submitted that the applicants have also not been named in the FIR and none of the eye-witnesses have named the applicants. 4.

Learned APP does not dispute the fact that similarly placed coaccused - Gorakh Baban Patole has been enlarged on pre-arrest bail by this Court.

5.

Perused the papers. The incident in question has taken place on 9th March, 2016 at about 10.15 a.m. The applicants have not been named in the FIR either by the complainant or by the eye-witnesses. It is not in dispute that the role played by the applicants is similar to the co-accused -

3/4 Gorakh Baban Patole, who has been granted pre-arrest bail by this Court. 6.

Considering the aforesaid, the application is allowed and the applicants are granted pre-arrest bail on the following terms and conditions:-

ORDER

i) In the event of arrest, the Applicants be enlarged on bail on furnishing P.R.Bond in the sum of Rs.15,000/- each with one or two sureties in the like amount;

ii) The Applicants shall attend the concerned police station, every Monday, between 10.00 a.m. to 11.00 a.m., till the filing of the charge-sheet ;

iii) The Applicants shall inform their latest place of residence and mobile contact number immediately and/or change of residence or mobile details, if any, from time to time to the trial Court as well as to the concerned Police Station, in writing.

iv) The Applicants shall not tamper or attempt to influence the complainant or any persons concerned with the case;

4/4 v) The Applicants shall co-operate in the conduct of the trial. 7.

The Application is allowed and disposed of in above terms. 8.

It is made clear, that the observations made herein, are primafacie, for the purpose of deciding this application. 9.

All concerned to act on the authenticated copy of this order. (REVATI MOHITE DERE, J.)