Vinod Keval Bhamare And ORS v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.710 OF 2016 1.

Vinod Keval Bhamare 2.

Shamrao Gajmal Bhamare 3.

Jagdish Uddhav Bhamare ...Applicants

Versus

The State of Maharashtra

...Respondent

Mr.Umesh B. Waydande i/b M/s.Jay and Company for the Applicants Ms.Veera Shinde, APP for the Respondent - State. CORAM : REVATI MOHITE DERE, J.

DATE : 28th APRIL, 2016 P.C. :

1.

Heard learned Counsel for the applicants and the learned A.P.P. 2.

By this application, the applicants seek pre-arrest bail in connection with C.R. No. I-131 of 2013 registered with the Jaykheda Police Station, Taluka - Satana, District - Nashik, for the alleged offences punishable under Sections 395, 397, 307, 438, 511, 452, 324, 354, 323, 427, 504, 506 of the Indian Penal Code.

3.

Learned Counsel for the applicants submits that the only allegation, qua the applicants is that they were present at the spot. He

2/3 submitted that no overt act is attributed to any of the applicants. He seeks pre-arrest bail on the ground of parity. He submitted that similarly placed co-accused have been granted pre-arrest bail by this Court vide order dated 14th March, 2016 in Anticipatory Bail Application No.99 of 2016. 4.

Learned APP does not dispute the fact that there is no specific overt act attributed to the applicants and that the applicants role is more or less similar to the co-accused who have been granted pre-arrest bail by this Court.

5.

Perused the papers. Considering the aforesaid, the application is allowed and the applicants are granted anticipatory bail on the following terms and conditions :

ORDER

(i) In the event of the arrest, the applicants be enlarged on bail on furnishing P.R. Bond in the sum of Rs.10,000/- each with one or two sureties in the like amount;

(ii) The applicants shall attend the concerned Police Station, as and

3/3 when called for;

(iii) The applicants shall not tamper or attempt to influence the complainant, witnesses or any person concerned with the case. (iv) The applicants shall inform their latest place of residence and mobile contact number and/or change of residence or mobile details, if any, from time to time to the Court seized of the matter and to the Investigating Officer of the concerned Police Station. 6.

The Application is allowed in the aforesaid terms and is accordingly disposed of.

7.

It is made clear that the observations made herein are prima facie and are confined to this application and the learned Judge to decide the case on its own merits, uninfluenced by the observations made herein. 8.

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