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Bombay High CourtBA/2417/2022disposed off

Mangesh Maruti Jori v. State Of Maharashtra

2023-09-15Hon'Ble Shri Justice Shivkumar Dige3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2417 OF 2022 Mangesh Maruti Jori ...Applicant V/s.

The State of Maharashtra ... Respondent by NILAM SANTOSH KAMBLE Date: 2023.09.20 17:15:08 +0530 NILAM SANTOSH KAMBLE ---- Mr.Satyavart Joshi i/b Mr.Ashish Suresh Vernekar, for the Applicant.

Mr.Y.Y. Dabke, APP for the Respondent-State.

---- CORAM : SHIVKUMAR DIGE, J.

DATE : 15th SEPTEMBER 2023 P.C:- .

Heard learned counsel for the Applicant and learned APP.

2.

By this Application, Applicant is seeking bail in C.R. No.59 of 2019 registered with Paud Police Station, Pune for the offence punishable under Sections 395 of the Indian Penal Code ('IPC' for short) and under Sections 3(1), 3(2), 3(3) and 3(4) of N.S. Kamble page 1 of 3

the Maharashtra Control of Organized Crime Act, 1999 ('MCOC Act' for short).

3.

The learned counsel for the Applicant submitted that, co-accused against whom similar role is attributed as of Applicant has been released on bail by the Trial Court. Co-accused Gangadhar Ramkisan Kaware has been released on bail whose role is identical to the Applicant. Hence, Applicant is entitled for parity.

4.

The learned APP, on instructions, submitted that, the role attributed to the Gangadhar is identical to the Applicant, hence, appropriate order be passed.

5.

I have heard both learned counsel. Perused FIR and Charge-sheet.

6.

The allegations against the Applicant are under Section 395 of IPC. The co-accused have been released on bail. The role attributed to the co-accused Gangadhar is identical to the Applicant.

7.

In view of above, I pass following order.

N.S. Kamble page 2 of 3

ORDER

(i) Application is allowed.

(ii) Applicant be released on bail in connection with C.R. No.59 of 2019 registered with Paud Police Station, Pune, on executing PR Bond of Rs.25,000/- along with one or two solvent sureties of the like amount.

(iii) The Applicant shall not tamper with the prosecution evidence in any manner whatsoever. (iv) The Applicant shall attend the Court scrupulously, till the conclusion of trial.

(v) The Applicant shall submit his detailed address together with telephone number and furnish cogent documentary evidence in respect of his residence before this Court after his release on bail alongwith swearing an affidavit in that regard. (SHIVKUMAR DIGE, J.) N.S. Kamble page 3 of 3