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Bombay High CourtBA/1931/2022disposed off

Dadaso Suresh Katke v. State Of Maharashtra

2022-12-07Hon'Ble Shri Justice N. R. Borkar2 pages

905-BA-1931-2-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1931 OF 2022 Dadaso Suresh Katke ...Applicant

Versus

The State of Maharashtra

...Respondent

.........

Mr. Satyam H. Nimbalkar a/w Mr. Abhishek Arote a/w Mr. Ashish Kachole for the Applicant.

Ms Veera Shinde, APP for the State.

.........

CORAM : N.R. BORKAR, J.

DATED : 7 DECEMBER 2022 P.C. :- This is an application under Section 439 of the Code of Criminal Procedure.

2.

The applicant came to be arrested in Crime No. 281 of 2018 registered at Saswad police station for the offences punishable under Sections 143, 145, 147, 148, 149, 302, 307 of the Indian Penal Code and Section 3 r/w. 25 of the Arms Act.

3.

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

4.

The learned counsel for the applicant has placed on record the copy of the order passed by this Court dated 3 October 2022 in MJ Jadhav 1 / 2

905-BA-1931-2-22.odt Criminal Bail Application No. 686 of 2022. By the said order, this Court has granted bail to the co-accused Dattatray Katke. The learned Counsel for the applicant submits that the role attributed to the said co-accused Dattatray Katke and the present applicant is identical. It is thus submitted that the applicant be granted bail on the ground of parity.

6.

I have perused the statement of injured eye-witness Sadhu Anant Dalvi recorded under Section 164 of the Cr.P.C. The role attributed to the present applicant and co-accused to whom this Court has granted bail appears to be identical. I am, therefore, inclined to release the present applicant on bail. Hence, the following order is passed:

(i) Application is allowed.

(ii) The applicant shall be released on bail in Crime No. 281 of 2018 registered at Saswad police station for the offences punishable under Sections 143, 145, 147, 148, 149, 302, 307 of the Indian Penal Code and Section 3 r/w. 25 of the Arms Act on furnishing PR bond in the sum of Rs. 25,000/- with one or two sureties in the like amount.

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