Avinash Ramesh Master v. The State Of Maharashtra

1/4 nsc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1062 OF 2018 Avinash Ramesh Master ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr.Shravan Giri, for the Applicant.

Ms.P.N.Dabholkar, A.P.P for the Respondent-State. CORAM : REVATI MOHITE DERE, J.

DATE : 4h MAY, 2018 P.C. :

1.

Heard learned counsel for the parties.

2.

By this application, the Applicant seeks his enlargement on bail in connection with C.R.No.I-596 of 2016 registered with the Kashimira Police Station, Thane Rural, for the alleged offences punishable under Sections 419, 420, 384, 120B of the Indian Penal Code, under Sections 52(c), 72(1), 75 of the Indian Telegraph Act, and under Sections 66(b)(d), of the Information Technology Act.

2/4 3.

Learned Counsel for the applicant seeks bail on the ground of parity. He submits that similarly placed co-accused, who were also Floor Managers working with the Call Centres, have been enlarged on bail by the Sessions Court, Thane. He submitted that the applicant was the Floor Manager of the 7th Floor at Kashimira. He submitted that the Apex Court vide order dated 9th April, 2018 has enlarged co-accused - Jagdish Ramniklal Kanani, the owner of the Call Centre, on the ground that the trial would take some time. It is not in dispute, that the applicant is not the owner of the Call Centres. It appears that the applicant was working as a Floor Manager on the 7th Floor, at Kashimira. Similarly placed co-accused i.e. Floor Managers have been enlarged on bail. The applicant is in custody since 5th October, 2016. Investigation is complete and charge-sheet is filed.

4.

Considering the role of the applicant as well as the ground of parity, the application is allowed and the applicant is enlarged on bail on the following terms and conditions:-

ORDER

(i) The Applicant be released on cash bail in the sum of Rs.25,000/-, for

3/4 a period of six weeks;

(ii) The Applicant shall within the said period of six weeks, furnish P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount;

iii) The Applicant shall attend the concerned Police Station, on the first Sunday of every month, between 10:00 a.m. to 11:00 a.m., until further orders;

iv) The Applicant shall not tamper with the evidence or attempt to influence/contact the complainant, witnesses or any person concerned with the case;

v) The Applicant shall co-operate in the conduct of the trial; vi) The Applicant shall deposit his passport, if any, in the trial Court; vii) An undertaking to the aforesaid clauses (ii) to (vi), shall be filed by

4/4 the Applicant, in the trial Court, within two week's of his release; viii) If there are 2 consecutive defaults either in attending the Police Station or in appearing before the trial Court, the prosecution will be at liberty to apply for cancellation of Applicant's bail. 5.

The Application is allowed and disposed of in above terms. 6.

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. 7.

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