Manoj @ Dayawan Balu Sathe v. The State Of Maharashtra
Digitally signed by RUSHIKESH V PATIL Date:
2022.04.22 14:26:31 +0530 RUSHIKESH V PATIL
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2957 OF 2021 Manoj @ Dayawan Balu Sathe .. Applicant
Versus
The State of Maharashtra .. Respondent **** Mr. Ganesh Bhujbal, Advocate for the Applicant. Ms M. R. Tidke, APP for the Respondent-State. **** CORAM :
VINAY JOSHI, J.
DATE :
20th APRIL, 2022.
P.C. :
.
By This Application, the applicant is seeking regular bail in Crime No. 421 of 2020 registered at Daund Police Station, District Pune, for the ofences punishable under Sections 3944, 394,, 394,, 120BBB r/0w 34 of the Indian Penal Code.
2.
The prosecution case in short is that the Informant was proceeding to Solapur by truck alongwith cash amount of Rs.294,,4,000/0- to purchase maize. During meantime, four unknown dacoits assaulted the Informant's driver Ganesh and looted cash amount on the point of deadly weapon. It is the applicant's case that absolutely there is no evidence against him. The TI parade is defective as same dummies were used and two suspects were placed in one TI parade. Moreover, bail is also claimed on the ground of 1/03
parity by contending that co-accused Jadya Alias Paigambar Tayyub Mulani was released on bail by this Court.
3.
Perused police papers and bail order passed by this Court dated 0,th April, 2022. FIR was against unknown persons. The only material emerges against the applicant is about sizer of cash amount, sickle and prior TI parade. It reveals that TI parade was not conducted as per the set procedure since two suspicious put in same TI parade and the same dummies were used twice. It reveals that the co-accused Jadya Alias Paigambar, who was also identifed in such TI parade, was released on bail. The similar cash amount like released accused was sized at the instance of the applicant. The prosecution is unable to point out any reason to distinguish the case of the applicant for invoking the rule of parity. 4.
Investigation is completed and charge-sheet is fled. The trial will take its own time for disposal. Having regard to all above, circumstances including nature of material, the applicant can be released on bail by putting him on certain terms. In view of that, following order:
ORDER
iB The Criminal Bail Application is allowed.
iiB The Applicant Manoj @ Dayawan Balu Sathe be released on bail in Crime No. 421 of 2020 of Police Station Daund, District Pune, on executing a P.R. bond in the sum of Rs.2,,000/0- with one or two solvent sureties, in the like amount. iiiB The Applicant shall furnish his permanent address with 2/03
proof to the satisfaction of the learned Sessions Judge. ivB The Applicant shall undertake to remain present before the learned Sessions Judge during the course of trial, unless exempted.
vB The Applicant shall not directly or indirectly make any attempt to contact or otherwise tamper with the prosecution evidence or witnesses.
viB The Applicant shall not indulge into any similar ofence, while on bail.
viiB In the event of breach of any of the condition, prosecution is at liberty to seek cancellation of bail.
viiiB It is made clear that the observations made herein are prima facie in nature, and the trial Court shall decide the case on its own merits, in accordance with law, uninfuenced by the observations made in this order.
ixB The Criminal Bail Application is disposed of, in the aforesaid terms.
(VINAY JOSHI, J.) 3/03