Bombay High CourtBA/1400/2016bail granted

Satish Ram Madhavi v. The State Of Maharashtra

2016-09-14Hon'Ble Shri Justice A.S. Gadkari2 pages

1 /2BA-1400-16-47 Nalawade FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1400 OF 2016 Satish Ram Madhvi vs. The State of Maharashtra Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr.Rajiv Patil, Sr.Advocate i/by Sanchita Thakur for the Applicant.

Mr.Deepak Thakare, APP for the Respondent-State. CORAM :A.S.GADKARI, J.

DATE : 14th September, 2016 P.C.

This is an application under Section 439 of the Cr.P.C. for bail in CR No. I-205-2015 registered with Bhiwandi Taluka Police Station, District Thane under Sections 147, 148, 149, 302, 307, 336, 323, 504, 506 of the Indian Penal Code read with Sections 3,4 and 25 of the Arms Act.

2) The learned counsel for the applicant submitted that the co-accused namely Rakesh Vasudeo Yadav and Rajesh Jadhav have been released on bail by this Court. That, the applicant has been attributed the same and similar role and therefore, principle of parity applies to the present applicant. The learned APP after perusing the entire charge sheet and orders dated 22.2.2016 and 8.7.2016 respectively, passed by this Court fairly conceded

2 /2BA-1400-16-47 to the said proposition.

3) In view of the above, parity is applicable to the present applicant and he is therefore, entitled to be released on bail.

Hence, the following order.

a) The applicant be released on bail in CR No.I205 of 2015 registered with Bhiwandi Talukla Police Station, District Thane on his furnishing PR bond of Rs.25,000/- with one or two separate solvent sureties in the like amount.

b) After his release from jail, the applicant shall attend the Bhiwandi Taluka Police Station once in a month i.e. on every 1st Monday of the month between 11.00 a.m. to 1.00 p.m. till the conclusion of trial.

c) The applicant shall not tamper with the evidence and/or influence the prosecution witnesses. (d) The application is allowed in the aforesaid terms.

(A.S.GADKARI, J.)