Motiram Zipa Wagh v. The State Of Maharashtra

1/3 ` nsc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1117 OF 2015 Motiram Zipa Wagh ... Applicant Vs The State of Maharashtra ... Respondent Mr.Kedar J. Patil a/w Mr.Devidas B., Ms.Trupti Bharadi, for the Applicant.

Ms.S.S.Kaushik, APP for the Respondent - State. API - H.V.Borate, Shahapur Police Station, Thane Rural. CORAM : REVATI MOHITE DERE, J.

DATE : 25th AUGUST, 2015 P.C. :

1.

Heard learned counsel for the Applicant and learned APP for the Respondent - State.

2.

By this Application, the Applicant seeks pre-arrest bail, in connection with C.R. No. I-66 of 2015, registered with the Shahapur Police Station, Thane Rural, for the alleged offences punishable under Sections 392, 323, 504, 506 r/w 34 of the Indian Penal Code.

2/3 3.

Learned Counsel for the Applicant seeks bail on the ground of parity. He submits that the co-accused - Pramod Baswant who is the main accused in the aforesaid case has been enlarged on Anticipatory Bail by this Court (Coram: Smt.Sadhana S. Jadhav, J.) vide order dated 10th June, 2015. He states the present applicant stands on a better footing than the coaccused - Pramod who has already been released on anticipatory bail. 4.

Learned APP does not dispute the fact that the applicant is entitled to be granted anticipatory bail on the ground of parity. 5.

For the reasons set out in the order dated 10th June, 2015, the applicant is entitled to be granted anticipatory bail on the following terms and conditions :-

ORDER

i) In the event of arrest, the Applicant be enlarged on bail on furnishing P.R.Bond in the sum of Rs.15,000/- with one or two sureties in the like amount ;

ii) The Applicant shall attend the Shahapur Police Station, Thane Rural, on every Sunday, between 10.00 a.m. to 12.00 noon, for a period of one month from today;

3/3 iii) The Applicant shall not tamper or attempt to influence the complainant or any persons concerned with the case ; iv) The Applicant shall co-operate in the conduct of the trial. 6.

The Application is allowed and disposed of in above terms.

7.

It is made clear, that the observations made herein are prima facie and are confined to this application and the learned Judge to decide the case on its own merits, uninfluenced by the observations made herein.

8.

Parties to act upon the authenticated copy of this order. REVATI MOHITE DERE, J.