Sagar Bhagwan Lilke v. State Of Maharashtra And ANR

Digitally signed by MANGALTAI JAYWANT JADHAV Date:

2023.04.15 16:08:40 +0530 MANGALTAI JAYWANT JADHAV 34-BA-1537-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1537 OF 2022 Sagar Bhagwan Lilke ...Applicant

Versus

The State of Maharashtra and anr.

...Respondents

.........

Mr. S. T. Pandey a/w Mr. Arvind Singh a/w Ms Anima Mishra a/w Ms Angela Singha a/w Ms Kajal Upadhyay a/w Ms Ritu Singh a/w Mr. Anuj Singh i/b SBG Law for the Applicant. Mr. Amit Palkar, APP for the State.

.........

CORAM : N.R. BORKAR, J.

DATED : 17 MARCH 2023 P.C. :- This is an application under Section 439 of Code of Criminal Procedure for bail.

2.

The applicant came to be arrested in Crime No. 1 of 2020 registered at Dindori Police Station, Nashik Gramin for the offences punishable under Sections 302, 341, 324, 143, 147, 148 149, 323, 427, 504, 506 of the Indian Penal Code.

3.

I have heard the learned counsel for the applicant and the learned APP for the respondent-State.

4.

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 MJ Jadhav 1 / 2

34-BA-1537-22.odt of the order passed by this Court dated 21 November 2022 in Bail Application No. 876 of 2022. By the said order the, this Court has released the co-accused- Dharmaraj Motiram Lilake on bail. 5.

I have perused the First Information Report which is lodged by the eye-witness. According to him, on 1 January 2020, the present applicant and other co-accused assaulted the deceased by chopper, Gupti, sticks etc. on account of previous dispute and committed his murder. The role attributed to the present applicant and the co-accused - Dharmaraj Motiram Lilake appears to be identical. In view thereof, I am inclined to release the applicant on bail on the ground of parity. Hence, the following order is passed:

(i) Application is allowed.

(ii) The applicant shall be released on bail in Crime No. 1 of 2020 registered at Dindori Police Station, Nashik Gramin for the offences punishable under Sections 302, 341, 324, 143, 147, 148 149, 323, 427, 504, 506 of the Indian Penal Code on furnishing PR bond in the sum of Rs. 30,000/- with one or two sureties in the like amount. (iii) The applicant shall not enter into the limits of Dindori Police Station.

(iv) The applicant shall attend the police station within whose jurisdiction he is going to reside after his release on bail once in a month i.e., on first Saturday between 11.00 a.m. to 2.00 p.m. till conclusion of trial.

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