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Bombay High CourtBA/1912/2017bail granted

Mustaq Asgarali Ansari v. The State Of Maharashtra

2018-02-06Hon'Ble Shri Justice A.S. Gadkari2 pages

Nalawade A.S.

32-ba-1912-17 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1912 OF 2017 Mustaq Asgar Ali Ansari 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. P .R.Dave for the Applicant.

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

DATE : 6th February, 2018 P.C.

1.

This is an application under Section 439 of the Cr.P.C. for bail in CR No. 293/2016 dated 29.7.2016 registered with Nerul Police Station, Navi Mumbai under Sections- 370, 372, 373 read with 34 of the Indian Penal Code.

2.

The learned counsel for the applicant submitted that the applicant is similarly situated as that of co accused Sohar Sona Yadav who has been released on bail by this Court by an order dated 14.6.2017 and therefore, the applicant is entitled to be released on bail on the ground of parity. It is submitted that there are no antecedents at the discredit of the applicant. 3.

Perused the charge sheet and the order dated 14.6.2017. It appears from the record that the applicant has been attributed with the same Page-1/2

Nalawade A.S.

32-ba-1912-17 and/or similar role as that of co-accused Sohar Sona Yadav who has been released on bail by this Court and therefore, the applicant is entitled to claim parity and can be released on bail.

3.

Hence, the following order.

a) The applicant is directed to be released on bail in connection with CR No.I-293 of 2016, registered with Nerul Police Station, on his executing PR bond in the sum of Rs.25,000/- with one or more solvent sureties form the State of Maharashtra in the like amount. b) The applicant is directed to attend Nerul Police Station, once in a fortnight on Saturday between 10.00 a.m. to 12.00 noon, till further orders.

c) The applicant shall not tamper with the prosecution witnesses. d) The applicant shall not leave the jurisdiction of this Court without obtaining prior permission from this Court.

e) Application is allowed in the aforesaid terms. (A.S.GADKARI, J.) Page-2/2