Mahesh Madhukar Chandilkar v. The State Of Maharashtra

Dond 1/2 ba.1608-2017.sxw FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE SIDE BAIL APPLICATION NO.1608 OF 2017 Mahesh Madhukar Chandilkar Vs State of Maharashtra. ----------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders.

----------------------------------------------------------------------------------------------------------------- Mr. P.M. Patil for Applicant.

Mr. Prashant Jadhav APP for State.

CORAM : A.S. GADKARI, J.

DATE : 27th September 2017.

1] This is second application for bail filed by the applicant. Earlier bail application bearing No.1792 of 2013 was heard and rejected by this Court (Coram: Shri A.R. Joshi, J., as he then was) by an Order dated 13.11.2013. 2] The record indicates that after rejection of his first application for bail, the Trial Court framed charge on 28.4.2016 and technically the trial has commenced, however, no witness has been examined till date. The record indicates that the co-accused Pandurang Chandilkar has been released on bail by this Court and the circumstances which are propounded by the prosecution against the him are identical which have been propounded against the present applicant.

Dond 2/2 ba.1608-2017.sxw 3] As the co-accused who is similarly situated has been released on bail by this Court, the applicant is entitled to be released on bail on the ground of parity. Hence, the following Order:

(i) The applicant-accused shall be released on bail upon furnishing P.R. Bond in the sum of Rs.15,000/- with one or two solvent sureties in the like amount. (ii) The applicant-accused shall not entered the local limits of the village Lavale, till the disposal of the case.

(iii) The applicant-accused shall not tamper with the evidence or pressurise the complainant or the witnesses.

(iv) The applicant-accused shall not indulge into any criminal activity and shall attend on all the Court datets.

(v) The applicant-accused shall not abscond or leave India without prior permission of the Court and furnish his permanent address to the Investigating Officer alongwith documentary proof of his address.

(vi) In the event of breach of any of the above conditions, the prosecution will be at liberty to move the Court for cancellation of bail. 4] Application is disposed off in the aforesaid terms. (A.S. GADKARI, J.)