Abhishek @ Gudya Anil Shinde v. State Of Maharashtra

51-BA-1671-22.doc DARSHAN PRAKASH PATIL

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1671 OF 2022 DARSHAN PRAKASH PATIL Date: 2023.07.10 16:35:20 +0530 Abhishek @ Gudya Anil Shinde ...Applicant V/s.

The State of Maharashtra

...Respondent

Mr. K.K. Khamare for the Applicant.

Ms. Veera Shinde, APP for the Respondent/State. Maloti B. Kamble, Khadki Police Station, Pune City.

CORAM

:

N.R. BORKAR, J.

DATE :

17.04.2023 P.C. :

1.

This is an application under Section 439 of Code of Criminal Procedure for bail.

2.

The applicant came to be arrested in Crime No. 298 of 2020 registered at Khadki Police Station, District Pune, for the offences punishable under Sections 307, 143, 147, 148, 149 read with 34 of the Indian Penal Code (IPC) and Section 4 and 25 of the Arms Act.

3.

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

4.

According to the prosecution, on 03 August 2020, the present applicant along with the other co-accused assaulted the injured Nikhil Gaikwad with sharp weapons and a cement block, on account of a previous dispute and attempted to kill him. 5.

The bail is sought on the ground of parity. In support of the Darshan P. Patil 1/2

51-BA-1671-22.doc said ground, the learned counsel for the applicant has placed on record a copy of the order passed by the Sessions Court dated 16 September 2020 in Criminal Bail Application No. 3006 of 2020. By the said order, the learned Additional Sessions Judge has released the co-accused- Yogesh Chavan on bail. 6.

I have perused the statement of injured Nikhil Gaikwad. The role attributed to the said co-accused- Yogesh Chavan and the present applicant appears to be identical. There are no other criminal antecedents. I am, therefore, inclined to release the applicant on bail on the ground of parity. In the result, the following order is passed.

O R D E R

A] Application is allowed.

B] The applicant- Abhishek @ Gudya Anil Shinde be released on bail, in C.R. No. 298 of 2020 registered at Khadki Police Station, District Pune, for the offences punishable under Sections 307, 143, 147, 148, 149 read with 34 of the IPC and Section 4 and 25 of the Arms Act, on furnishing P.R Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one or two sureties in the like amount.

C] The applicant shall attend the concerned police station once in a month, i.e., on first Saturday between 11.00 a.m. to 2.00 p.m. till conclusion of the trial.

[N.R.BORKAR, J.] Darshan P. Patil 2/2