Bharatkumar Patel @ Bobby Rambhai Patel v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1554 OF 2018 Bharatkumar Patel @ Bobby Rambhai Patel ....Applicant.

Vs.

The State of Maharashtra ....Respondent.

Mr. S.G. Rajput for the Applicant.

Smt. Rutuja Ambekar APP, for the Respondent-State. D.M. Thopte, PI, Sahar Police Station CORAM : A. S. GADKARI, J.

DATE : 5th JULY, 2018.

P.C.:- This is an Application under Section 439 of the Code of Criminal Procedure for bail in CR No. 326 of 2017 dated 24th October, 2017 registered with Sahar Police Station, Mumbai under Sections 370, 465, 468, 471, 419, 420 r/w 34 of the Indian Penal Code. Heard the learned counsel appearing for the Applicant and the learned APP. Perused the charge sheet.

The Applicant is accused No.4 in the present crime. The learned counsel for the Applicant submitted that the original Accused No.3 namely Prashant @ Prasanna Gauda, who has been attributed with same and/or similar role has been released on 1/3

ssm 2 bail by this Court by its Order dated 25th June, 2018 and therefore, the Applicant is entitled to claim parity for releasing him on bail. The learned APP fairly conceded to the said fact. The perusal of the charge-sheet would indicate that the role attributed to the present Applicant is same and similar to that has been assigned to the co-accused Prashant @ Prasanna, who has been granted bail by this Court by an Order dated 25th June, 2018. The Applicant is therefore, entitled to claim parity with co-accused Prashant @ Prasanna and can be released on bail. Hence, the following order.

a) The Applicant be released on bail in CR No. 326 of 2017, registered with Sahar Police Station, Mumbai on his furnishing PR bond of Rs.25,000/- with one or two solvent local sureties in the like amount. b) After his release from Jail, the Applicant shall attend the Sahar Police Station on every first Monday of the month between 11.00 a.m. and 1.00 p.m.

c) The Applicant shall attend all the dates before the Trial Court unless precluded for medical reasons. 2/3

ssm 3 d) The Applicant shall not tamper with the evidence and/or pressurize the prosecution witnesses.

Application is allowed in the aforesaid terms. (A.S. GADKARI, J.) 3/3